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2024 Supreme(HP) 185

VIVEK SINGH THAKUR, SANDEEP SHARMA
Saran Dass – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. I.D. Bali, Senior Advocate with Mr. Abhishek, Advocate.
For the Respondent:Mr. Anup Rattan, Advocate General with Ms. Seema Sharma, Deputy Advocate General.

JUDGMENT :

Sandeep Sharma, J.

Instant Letters Patent Appeal lays challenge to judgment dated 6.4.2021, whereby learned Single Judge of this Court, dismissed CWPOA No. 5629 of 2020, having been filed by the appellant/petitioner (in short the “petitioner”), seeking therein direction to the respondents to count the period of incarceration either in police or judicial custody, ending on his acquittal, in FIR No. 207 of 2021, under Section 20 of ND &PS Act, registered at PS Chamba, towards seniority and pensionary benefits.

2. Precisely, the facts necessary for adjudication of the case at hand are that the petitioner was initially engaged as daily wage Beldar in IPH Sub-Division Dhawala, Division Chamba at Guwari Khundel Scheme in the month of August, 1994, and since then, he had been working continuously with 240 days in each calendar year till 1.10.2001, when he was apprehended by the police in connection with FIR No. 207 of 2001, registered under Section 20 of the NDPS Act. Pursuant to registration of aforesaid case, petitioner came to be arrested. After completion of investigation, police presented charge sheet in the competent court of law and ultimately, he was tried in Session Trial

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