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2023 Supreme(HP) 172

JYOTSNA REWAL DUA
Ravi Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.S. Chandel, Senior Advocate with Mr. Pranav Sharma.
For the Respondents:Mr. Y.P.S. Dhaulta and Mr. Navlesh Verma, Additional Advocates General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, Mr. Anshul Bansal.

JUDGMENT :

Jyotsna Rewal Dua, J.

The petitioner has invoked jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.PC) read with Article 227 of the Constitution of India for grant of following substantive prayer:-

    “It is, therefore, respectfully prayed that the present petition may kindly be allowed and the proceedings initiated on the final report of FIR No.21 of 2016 registered at P.S. Sadar, Mandi, H.P. in Sessions Trial No.15/17/16 pending before the learned Special Judge-II, Mandi, H.P. may kindly be quashed alongwith charge dated 14-7-2016 as the same is an outcome of false implication of the petitioner at the behest one Manjit Singh in connivance with ASI Ram Lal, Constable Pardeep and other police officials of P.S. Sadar, Mandi as is complete abuse of process of law.”

In essence, the petitioner is seeking quashing of order dated 14.07.2016, vide which he was charged for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’), alongwith setting aside of criminal proceedings in Sessions Trial No.15/17/16, pending before the learned Special Judge-II, Mandi, H.P.

2. Heard Mr. N.S. Chandel, learned Senior

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