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2025 Supreme(HP) 762

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Deepak Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ganesh Barowalia, Advocate.
For the Respondent:Mr. Jitender Sharma, Additional Advocate General.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that the police had registered an FIR No. 23 of 2025, dated 17.01.2025 for the commission of offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) at Police Station Dharmapur, District Solan, H.P. The petitioner has been falsely implicated in the said FIR based on the disclosure statement made by the co-accused Banti. The petitioner’s name did not appear in the FIR. The co-accused has been granted bail by the Court. As per the prosecution’s case, the co-accused was found in possession of 7.25 grams of heroin, which is an intermediate quantity. The petitioner would join the investigation as and when directed to do so. Hence the petition.

2. I have heard Mr Ganesh Barowalia, learned counsel for the petitioner and Mr Jitender Sharma, learned Additional Advocate General, for the respondent-State.

3. Mr. Ganesh Barowlia, learned Counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. He has been named by the co-accused, and the statement made by the


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