STATE OF H.P. Vs. JOGINDER SINGH

JUDGEMENT

(1.) This petition has been preferred under Section 439(2) of the code of Criminal Procedure (hereafter referred to as "the Code") against the order dated 17.7.2000 passed by the learned Additional Chief Judicial Magistrate, Una, exercising the powers of Sessions Judge, Una, in Bail Application No. 244/2000 in a case under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereafter referred to as "the Act") and it has been prayed that the said order being illegal and perverse on facts as well as in law may be set aside.

(2.) It is not in dispute that the respondent accused (hereafter referred to as "the accused") is facing trial in the court of learned Sessions Judge, Una for illicit possession of 12 grams of charas and a charge under Section 20 of the Act had been framed against him on 21.6.2000. The accused, however, moved a bail application on 26.6.2000 which was entertained and allowed by the learned Additional Chief Judicial Magistrate, Una while exercising the powers of the Sessions Judge in the absence of the Sessions Judge. Feeling aggrieved, the State has preferred the present petition for cancellation of bail.

(3.) I have heard the learned Assistant Advocate General for the petitioner and the learned counsel for the accused and have also perused the material placed before me.