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2023 Supreme(HP) 535

RAKESH KAINTHLA
Sohan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Chaman Singh, Advocate.
For the Respondent: Mr. Prashant Sen, ASI Dharam Chand, Police Station Kangra, H.P.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of an offence punishable under Section 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ND&PS Act), registered vide FIR No. 55/2023, dated 4.4.2023 in Police Station Kangra, District Kangra, H.P. with the allegations that Police had arrested Ajay Kumar and Ravi Kumar with 1.530 kilograms of charas. They disclosed that they had purchased the charas from the petitioner. They also identified the house of the petitioner. The petitioner is innocent and he has been falsely implicated. No recovery was effected from the petitioner. The petitioner is a shepherd and he was with the herd at the time of the arrest of the main accused. The petitioner does not have any mobile and the mobile phone remains with the daughter of the petitioner. The call detail record is not sufficient to connect the petitioner with the commission of the crime. The petitioner is the only breadwinner of the family. He would join the investigation as and when directed to do so. He shall not tamper with the prosecution evidence and

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