UPENDER VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner has prayed for grant of regular bail, in FIR No. 248 of 2022, dtd. 22/10/2022, registered under Ss. 21, 29"61"85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'), at Police Station Sadar Hamirpur, District Hamirpur, H.P.

(2.) Status report filed, which is perused and ordered to be taken on record.

(3.) Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the case. He has further submitted that the petitioner is in custody since 22/10/2022 and as the investigation is complete and nothing is to be recovered from him, therefore also further detention of the petitioner in custody is not going to serve any purpose. Learned counsel also submitted that as the alleged recovery of contraband is of intermediate quantity, therefore as the traps of Sec. 37 of the NDPS Act are not involved in the present case, it will be in the interest of justice in case this petition is allowed and the petitioner is ordered to be released on bail. Learned counsel also submitted that out of the three accused, one accused has already been released on bail by learned Special Judge.