RANDHIR KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) An under-trial prisoner, who is in custody since 12.09.2019, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking bail, under Section 21 of Narcotics Drugs and Psychotropic Substances Act, 1985 (after now called "NDPS Act"), for jointly possessing 27.65 grams of Diacetylmorphine (Heroin), with the other accused, who already stands released on bail.

(2.) The police arrested the petitioner, in FIR Number 111 of 2019, dated 12.9.2019, registered under Sections 21 and 22 of the NDPS Act and Section 201 IPC, in Police Station Damtal, District Kangra, HP, disclosing cognizable and non-bailable offenses.

(3.) Earlier, the petitioner filed a petition under Section 439 CrPC before, learned Special Judge-I, Kangra at Dharamshala, Distt. Kangra, HP. However, vide order dated 2.11.2019, the Court had dismissed the same as withdrawn.