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2020 Supreme(HP) 858

ANOOP CHITKARA
Stephen Chidubem – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Akshay Katoch, Advocate
For the Respondents:Nand Lal Thakur, Arjun Lal, Advocate as Amicus Curiae

JUDGMENT :

Anoop Chitkara, J.

1. An under-trial prisoner, holder of Nigerian Passport, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking bail, under Sections 21 & 29 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), Section 12 of Passport Act, 1967, Section 14 of Foreigners Act 1946, Sections 420, 468, 471 IPC, for selling 13.95 grams of heroin (Diacetylmorphine).-

2. The police arrested the petitioner, in FIR No. 115 of 2019, dated 2.09.2019, registered under Sections 21 & 29 of the NDPS Act, Section 12 of Passport Act, 1967, Section 14 of Foreigners Act 1946, Sections 420, 468, 471 IPC, in Police Station, Dharampur, District Solan, Himachal Pradesh, disclosing cognizable and non-bailable offenses.

3. Earlier, the petitioner had filed a petition under Section 439 CrPC before the Special Judge-II, Solan. However, vide order dated 2.11.2019, Learned Special Judge, Solan, District Solan, HP, dismissed the petition.

4. I have read the status report(s) and heard counsel for the parties.

FACTS:

5. Briefly, the allegations against the petitioner are that the police had arrested one Naresh Kumar for possessing 13.95 grams o

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