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2022 Supreme(HP) 631

TARLOK SINGH CHAUHAN
Man Mohan Sharma, S/o Sh. Sat Pal Sharma – Appellant
Versus
State Of Himachal Pradesh Through Drugs Inspector H. Q. At C. M. O. Office Una, H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Leena Guleria, Advocate.
For the Respondent: Sh. Ashok Sharma, A.G. With Sh. Shiv Pal Manhans, Addl. A.G., Sh. Bhupinder Thakur, Dy. A.G. And Sh. Rajat Chauhan, Law Officer

ORDER :

This is the second petition at the instance of the petitioner seeking quashing of charges framed against him on 05.01.2021 in a complaint under Sections 18(C) and 18-A of Drugs and Cosmetic Act, by the learned Additional Sessions Judge (I) Una, H.P.

2. In the earlier petition filed by the petitioner being Cr.MMO No. 497 of 2018, he had sought quashing of criminal complaint only on the ground that the complaint itself emanates out of FIR No. 249, dated 10.08.2013, that was registered against him under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act (for short the NDPS Act), in which the petitioner was ultimately acquitted by the learned Division Bench of this Court and the said acquittal stands affirmed by the Hon'ble Supreme Court with the dismissal of the SLP vide judgment dated 21.12.2015.

3. It needs to be observed that the earlier petition was dismissed by according the following reasons :-

    3. What appears from the record is that on the basis of the disclosure made by the petitioner in FIR No. 249 of 2013, the Drug Inspector alongwith SHO, P.S. Una and Health Staff visited the rented premises hired by the petitioner and recovered huge quantity of al

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