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2025 Supreme(HP) 226

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sagar Bhatti – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Kapil Sharma, Vijender Katoch
For the Respondents: Mohinder Zharaick, Surender Kumar

JUDGMENT :

Virender Singh, J.

1. Applicant Sagar Bhatti has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in Case FIR No. 9 of 2025, dated 18.1.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘ND & PS’ Act), with Police Station, Nagrota Bagwan, District Kangra, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever with the offence, for which, he has been arrested, by the police.

3. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered from his possession.

4. According to the applicant, the contraband involved in the present case, does not fall within the definition of ‘commercial quantity’. As such, rigors of Section 37 of the NDPS Act are not application in this case.

5. The applicant has given the details of the criminal cases, which have been registered against him. The same are reproduced as under:

i) FIR No. 130

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