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2021 Supreme(HP) 565

SATYEN VAIDYA
Deep Ram S/o Shri Sukh Dev – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mukesh Sharma, Gurdev Negi.
For the Respondent: Rajinder Dogra.

ORDER :

1. Petitioner is accused in case registered, vide FIR No. 14 of 2021 dated 27.03.2021, at Police Station, Sainj, District Kullu, H.P. under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Petitioner seeks bail under Section 439 of the Code of Criminal Procedure (for short ‘Code’) in the above noted case on the ground that his implication is false. He alleges that no recovery was effected from him. As per petitioner, he had been working as agricultural labour in District Kullu and on the fateful night he had taken lift in the vehicle of Ram Krishan, who was acquainted with him as they hailed from the same area.

3. It has also been canvassed on behalf of petitioner that he has no previous criminal history. He is permanent resident of Village Luhnu Kanaita, P.O. Chandpur, Tehsil Sadar, District Bilaspur, H.P. He belongs to a very poor family and the entire burden of maintaining the family is on him. The investigation of the case is complete and there is no justification to prolong the custody of petitioner. There is no apprehension of petitioner fleeing from the course of justice.

4. On notice, respondent has placed on

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