LAWS(HPH)-2023-6-43

KHEM RAJ Vs. UNION OF INDIA

Decided On June 27, 2023
KHEM RAJ Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Applicant-Khem Raj has filed the present application, under Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), for releasing him on bail, during the pendency of trial, in case FIR No. 31 of 2022, dtd. 22/4/2022, registered under Ss. 8, 20, 29 and 61 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act'), at NCB Sub Zone Mandi, Himachal Pradesh.

(2.) According to the applicant, he has falsely been implicated, in this case, and has nothing to do with the offence, for which, he has been arrested by the police. The investigation, in the present case, is also stated to be complete and the challan has been filed in the Competent Court of law.

(3.) Since, the applicant is in judicial custody, as, it has been asserted in the application that no useful purpose would be served by keeping him in judicial custody. He has termed his custody as violation of his right under Article 21 of the Constitution of India.