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2023 Supreme(HP) 408

VIRENDER SINGH
Khem Raj @ Hem Raj – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Applicant : Mr. Vikash Sharma, Mr. Ajit Sharma and Mr. Prashant Sharma.
For the Respondent:Mr. Ashwani Pathak, Senior Advocate, with Mr. Tek Chand.

JUDGMENT :

Virender Singh, J.

Applicant-Khem Raj @ Hem Raj has filed the present application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for releasing him on bail, during the pendency of trial, in NCB Crime No. 31 of 2022, dated 22nd April, 2022, registered with Police Station NCB Mandi, District Mandi, H.P., under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), on the ground that the case of the prosecution is based upon the imaginary story, as, there is nothing on the record, to connect the applicant, with the commission of the offence, for which, he has been arrested, in this case.

2. According to the applicant, he is an innocent person and has falsely been implicated, in this case, as, no iota of evidence could be collected by the investigating agency against him, in this case.

3. The investigation, in the case, is stated to be completed. It is contended that the report under Section 172 (2) of the CrPC has already been presented in the competent Court of law and the trial against the applicant will take sufficient long time, as such, no useful purpose would be serv

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