LAWS(HPH)-2020-7-9

DINESH KUMAR @ BILLA Vs. STATE OF HIMACHAL PRADESH

Decided On July 06, 2020
Dinesh Kumar @ Billa Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petitioner, who is under arrest from 22nd May 2020, for selling 209 capsules to the main accused Rakesh Kumar, from whose possession the Police had recovered the same on 17th Mar 2020, has come up before this Court seeking bail.

(2.) Based on a First Information Report (FIR), the police arrested the petitioner, in FIR No. 52 of 2020, dated 17.3.2020, registered under Sections 22 & 29-61-85 of the NDPS Act, in Police Station Dharamshala, District Kangra, Himachal Pradesh, disclosing cognizable and non-bailable offenses.

(3.) Earlier, the petitioner filed a petition under Section 439 CrPC before Special Judge-II, Kangra at Dharamshala, HP. However, vide order dated 16.6.2020, the Court dismissed the petition, because in the opinion of the Court, the Petitioner could not cross the rigors of S. 37 of NDPS Act.