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2022 Supreme(HP) 835

SATYEN VAIDYA
Ajay Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. N.K. Thakur, Senior Advocate, with Mr. Divya Raj Singh, Advocate.
For the Respondent:Mr. Narender Thakur, Deputy Advocate General.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, a prayer has been made to release the petitioner on bail in case registered vide FIR No. 125 of 2022, dated 3.8.2022, at Police Station, Damtal, District Kangra, H.P. under Section 21 of the Narcotic Drugs and Psychotropic Substances, Act (for short, “ND&PS” Act).

2. Petitioner is in custody since 02.08.2022. It is alleged that 6.05 grams of heroin (Chitta) was recovered from his conscious possession.

3. From the status report filed on behalf of the respondent, it is revealed that after completion of investigation, challan has been presented against the petitioner on 26.9.2022. Petitioner is stated to be involved in four other cases under the ND&PS Act. The details of all such cases have been provided as under:

    “(i) Case FIR No.148/2018, dated 10.6.2018, under Section 21-61-85 of ND&PS Act, P.S. Indora. Recovery 3.66 gm. Heroin/chitta.

(ii) Case FIR No. 167/2019, dated 10.12.2019, under Section 21-61-85 of ND&PS Act, P.S. Damtal. Recovery 6.32 gm. Heroin/chitta.

(iii) Case FIR No. 67/2020, dated 27.7.2020, under Section 21-61-85 of ND&PS Act, P.S. Damtal. Recovery 6.70 gm. Heroin/chitta.

(iv) Case FIR No. 51/2022, dated 22.3.2022, un

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