High CourtsSingle Bench

Nitin Sharma vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 28 October 2020 · Citation: (2020) 10 SHI CK 0201

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20, 25, 37 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 1763 Of 2020
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Judgment

4 paragraphs · 177 words

Anoop Chitkara, J

1.

The petitioner, who is under arrest, on being arraigned as an accused, in FIR Number 34 of 2020, dated 17.03.2020, registered under Sections 20 & 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Police Station, Banjar, District Kullu, Himachal Pradesh, disclosing non-bailable offenses, has come up before this Court under Section 439 CrPC, seeking regular bail.

2.

Status report received and is taken on record.

3.

After arguing for considerable period of time Mr. V.S. Chauhan, learned Senior Counsel, on instructions, submits that he needs to highlight certain facts to satisfy the rigors of Section 37 of the NDPS Act and they want to mention the same in the bail petition. As such, he seeks permission to withdraw the present petition because such facts inadvertently were not mentioned in this petition and he wants liberty to file a fresh petition. Prayer is innocuous and not opposed, therefore, the petition is dismissed as withdrawn with liberty to file a fresh petition, as prayed for. Pending application(s), if any, are also closed.