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2024 Supreme(HP) 176

RAKESH KAINTHLA
Vipin Singh – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Yashveer Singh Rathore, Advocate.
For the Respondent: Mr. Pushpender Jaswal, with ASI Jagdish Chand, P. S. Sainj, H.P.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition seeking bail in FIR No.15 of 2023 dated 03.03.2023 registered at Police Station Sainj, District Kullu, H.P. for the commission of offences punishable under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’).

2. It has been asserted that the petitioner was arrested on 8.03.2023 for the commission of an offence punishable under Section 29 of the NDPS Act vide FIR No.15 of 2023. The allegations against the petitioner are false. The Police recovered 2.603 grams of charas from the co-accused and the petitioner has nothing to do with the commission of the offence. The version of the Police is highly improbable. The petitioner was not instrumental in the arrangement of the contraband in question nor had he any communication pertaining to the sale, purchase and transportation of the contraband. The petitioner is a respectable person in the society and the investigation is silent regarding the role attributed to the petitioner. The SIM was not issued in the name of the petitioner and it was found to be registered in the name of some other person. The WhatsApp call detail

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