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2023 Supreme(HP) 485

VIVEK SINGH THAKUR
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: M/s Karan Kapoor, Nitin Rishi and Mahesh Thakur.
For the Respondent:Mr. Rajesh Mandhotra, Additional Advocate General.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court seeking bail under Section 439 Code of Criminal Procedure (in short ‘Cr.P.C.’), in FIR No.76 of 2021, dated 8.4.2021, registered in Police Station Bhunter, District Kullu, H.P., under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

2. Status reports stand filed. Record was also made available.

3. As per status report on 7.4.2021, Police Party during checking of a Volvo Bus, apprehended one Kushwind (co-accused) on suspicion to check his bag. On checking, from the bag 6.528 Kilograms charas in the shape of Chapaties and balls were recovered. The same was seized. On the basis of rukka sent to the Police Station, FIR was registered in Police Station, Bhunter, District Kullu H.P..

4. On 8.4.2021, an application under Section 52A of NDPS Act was preferred before the Chief Judicial Magistrate, Lahaul Spiti at Kullu, and complying with procedure prescribed, representative samples were drawn in presence of Magistrate and inventory was certified, photographs were taken and certified by the Magistrate and application was disposed of vide order dated 8.4.20

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