SUMIT SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Bail petitioner [Sumit Sharma], who is in custody since 26/9/2023 has come up before this Court, seeking regular bail, under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita [hereinafter referred to as 'BNSS.'], originating from FIR No. 207 of 2023 dtd. 26/9/2023, registered with police Station Sadar, District Hamirpur under Sec. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (referred to as the NDPS Act).

(2.) Case of the petitioner as presented by Sh. Bhupinder Singh Ahuja, Learned Counsel is that a false case as in FIR No. 207 of 2023 dtd. 26/9/2023 has been registered against the bail petitioner. It is averred that the rigors of Sec. 37 of NDPS are not applicable to the instant case. It is further further averred that recovery of Heroin/Chitta 10.67 grams is not attributable to the bail petitioner and no recovery has been made from him. It is further averred that the prosecution story is just to implicate him. It is further averred that there is no evidence to connect the bail petitioner with the accusation of the offence. It is further averred that the bail petitioner has filed an application for bail, before the learned Special Judge-II Hamirpur, which was dismissed on 3/2/2024 and the second bail application was also dismissed on 16/7/2024 by the learned Special Judge-II, Hamirpur. Thereafter, the petitioner filed a bail application before this Court, which was dismissed as withdrawn on 14/5/2024.

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