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2023 Supreme(HP) 487

RAKESH KAINTHLA
Onyeka Samuel – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sarvedaman Rathore.
For the Respondent:Mr Jitender Sharma, Additional Advocate General with ASI Ram Lal, I.O. P.S. Sadar Solan.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that an FIR No. 176/2023, dated 23.08.2023 was registered against the petitioner for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) and Section 14 of the Foreigners Act at Police Staton, Sadar, Solan. The petitioner is innocent and he was falsely implicated. The petitioner is not required for investigation. Nothing is to be recovered from the petitioner. The petitioner has been in custody since his arrest. He would abide by all the terms and conditions, which may be imposed by the Court. Hence, the petition.

2. The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 23.08.2023 when a secret information was received at 6:00 pm that Shivam was selling heroin and in case of his search, a huge quantity of heroin could be recovered. The police associated independent witnesses and found Shivam. He threw something on seeing the police and tried to run away. The police apprehended him and found 5.42 grams of heroin. The police ar

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