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2023 Supreme(HP) 65

SATYEN VAIDYA
Lal Singh – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Petitioner:Mr. Yasveer Singh Rathore, Advocate.
For the Respondent:Mr. B.C. Verma and Mr. Rakesh Dhaulta, Additional Advocates General.

JUDGMENT :

Satyen Vaidya, J.

Petitioner is an accused in case FIR No. 77 of 2021, dated 19.12.2022, registered under Sections 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short ‘NDPS’ Act), at Police Station Sainj, District Kullu, H.P. Petitioner is in custody since 22.12.2021.

2. Brief facts necessary for adjudication of the petition are that on the basis of a prior information police apprehended a vehicle No. HP­01M­2710 being towed by recovery van No. HP­67­5034 on 19.12.2021 at about 12.00 noon. 6 kilograms 48 grams of charas was recovered from the vehicle. Case was registered. During investigation, it was found that the contraband belonged to accused Kumar Chand and accused Surajmani. Both the accused were arrested. During investigation, accused Kumar Chand disclosed that the charas was purchased from petitioner. Statement of accused Kumar Chand under Section 27 of Evidence Act was recorded and said accused is stated to have identified the place where he had taken delivery of contraband from petitioner.

3. On the basis of statement of co­accused, petitioner was arrested on 22.12.2021. As per the case of police, petitioner suffered a statement under Section

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