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2022 Supreme(HP) 296

SATYEN VAIDYA
Sudhir Kumar, Son of Sh. Husan Chand – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kamaljeet Sharma, Advocate
For the Respondent:Shri P.K. Bhatti & Shri Bharat Bhushan Additional Advocate Generals With Shri Kunal Thakur, Deputy Advocate General

ORDER :

Petitioner has approached this Court for grant of bail under Section 439 Cr.P.C. in case FIR No.267/2021, dated 26.11.2021, under Section 21 of Narcotic Drugs & Psychotropic Substances, Act (for short ‘ND&PS Act’), registered at Police Station Baddi, District Solan, H.P.

2. Petitioner is in custody since 29.04.2022.

3. On the intervening night of 25/26-11-2021, police officials of Police Station Baddi, District Solan, H.P., while on routine patrol duty, intercepted a Tempo bearing registration No. HP-93-3189 near Amit Engineering Company. Petitioner was driving the Tempo. On search of the Tempo 15 bottles filled with syrup and without any label were recovered. The case was registered and bottles were sent for chemical analysis. As per report of laboratory, the contents found in the bottles included Codine Phosphate. The total weight of syrup was found to be 1.837 Kgs., which as per ND&PS Act is commercial quantity.

4. On receipt of the report from the laboratory, petitioner was arrested on 28.04.2022 and remained in police custody till 02.05.2022, whereafter, he was remanded to judicial custody. Petitioner is in judicial custody till date.

5. Challan has been filed after complet

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