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2024 Supreme(HP) 154

RANJAN SHARMA
Budh Bahadur Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Kumar Dhumal and Ms. Parul Negi.
For the Respondent: Mr. J.K. Sharma.

JUDGMENT :

Ranjan Sharma, J.

Petitioner, Budh Bahadur Singh @ Fauji, has come up before this Court under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), seeking pre-arrest bail, originating from FIR No. 7 of 2024, dated 12.03.2024, registered against one Shri Dinesh Shahi with Police Station Moorang, District Kinnaur, [H.P.], under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’).

2. The background facts as set up by Ms. Parul Negi, Advocate is that on 12.03.2024 the police party was on patrolling duty with I.O. kit and during such patrolling at 3:00 pm when the police party reached Kharo on NH-05 in Government vehicle, then at 4:00 pm near Raabchic Dhaba, a person was seen walking towards them from hot water spring side, who was carrying a backpack and on seeing the police he turned back towards hot waters.

2(i). It is the case of the bail petitioner that on suspicion the police apprehended the said person who was found perplexed. The identity of such person ultimately came to be Dinesh Shahi son of Ali Bahadur Shabi resident of Nepal and at present resident of Village and Post Office San

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