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In the case of Om Parkash v. State of Himachal Pradesh Cr.MP(M) No. 1084/2020, justice Anoop Chitkara of the Himachal Pradesh High Court had said that "satisfying the rigors of Section 37 of the NDPS Act is like candling infertile eggs". The petitioner, in this case, was represented by Advocate Vinod Chauhan, while the respondent was represented by Additional Advocates General Mr. Nand Lal Thakur and Mr. Ashwani Sharma.
The petitioner is in jail since 25th September 2019 for selling 6.324 kgs of charas and 413 grames of opium and has approached the HC seeking bail since one of his co-accused has been granted the same. The FIR was "registered under Sections 18, 20 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. He had made 2 bail applications prior to this one under Section 439 CrPC. The advocate demanded bail on the grounds of parity and relied upon certain judgments.
The Addition AG contended that the co-accused was granted bail on the grounds of not having sufficient evidence and thus "he was able to cross the rider of Section 37 of the NDPS Act".Sufficient evidence is available against the petitioner. Moreover the main accused was trying to hide the petitioner's name which shows the direct involvement of him.
The court in the judgment has provided judicial precedent of Section 37 of the NDPS Act. The judgments referred by the court are Union of India v. Merajuddin, (1999) 6 SCC 43, Satpal Singh v. the State of Punjab, (2018) 13 SCC 813, Babua v. the State of Orissa, (2001) 2 SCC 566 and various other judgments.
The court pointed out that the investigation revealed 11 phone calls between Tule Singh and Om Parkash. Thus substantial evidence is available in the case of Om Parkash which was not available in Satish Singh's case. The petitioner has thus failed to cross the rigors of Section 37 of the act, therefore bail has been denied to him. The court said that no case for bail is made out at this stage and dismissed the petition.
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