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2025 Supreme(HP) 1075

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Om Prakash – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rakesh Kumar Chaudhary and Mr. Panku Chaudhary.
For the Respondent:Mr. Hemant K. Verma, Deputy Advocate General.

JUDGMENT :

Ranjan Sharma, J.

Bail petitioner [Om Prakash], who is in custody since 05.05.2023 has come up before this Court, seeking regular bail, under Section 483 of the Bhartiya Nagrik Suraksha Sahinta, hereinafter (hereinafter referred to as BNSS ), originating from the FIR No.57 of 2023 dated 05.05.2023, registered at Police Station Hatli, District Mandi, [H.P.], underSections 15, 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

FACTUAL MATRIX IN BAIL PETITION:

2. Case as set up by Mr. Rakesh Kumar Chaudhary and Mr. Panku Chaudhary, Learned Counsel (s) is that the petitioner has been falsely implicated and entire story has been fabricated and concocted. It is averred that bail petitioner is in detention, for the last more than one year and eight months now. It is averred that the Respondent intends to examine 25 PWs but only 4 witnesses have been examined on as on day. It is averred that despite the rigors of Section 37 (1) (b) of NDPS Act, petitioner cannot be made to undergo prolonged incarceration, which is violative of Article 21 of the Constitution of India when the trial is likely to take considerable time for its conclusion. It

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