JUDGEMENT

Vivek Singh Thakur, J. - (1.)Petitioner, alongwith two others, is an accused in Criminal Case bearing registration No.14 of 2018, titled as State v. Prashant Prabhakar, plending before Judicial Magistrate 1st Class, Court No.II, Una, in case FIR No.304/2016, dated 16.11.2016, registered in Police Station Una, District Una, Himachal Pradesh, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as 'NDPS Act').
(2.)Present petition has been preferred against impugned order dated 4.6.2018, passed by Judicial Magistrate, whereby the learned Magistrate has taken cognizance for commission of offence referred supra. Challenge to impugned order has been laid on the ground that the prosecution launched against the petitioner and other accused is time barred.
(3.)According to the prosecution case, accused persons were apprehended, on 16.11.2016, for having conscious and exclusive possession of 2.80g + 1.80g = 4.60g heroin and FIR was also registered on the same day.
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