SURAJ SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) For possessing 1 kilogram and 344 grams of charas (Cannabis), the petitioner, who is in custody since 9th November 2019, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking regular bail, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) The police arrested the petitioner, in FIR No.122 of 2019, dated 9.11.2019, registered under Sections 20 of the NDPS Act, in Police Station, Padhar, District Mandi, Himachal Pradesh, disclosing cognizable and non-bailable offenses. Earlier, the petitioner had filed a petition under Section 439 CrPC before this Court. However, vide order dated 8th July, 2020, the same was dismissed as withdrawn.

(3.) Para 10 of the petition states that the petitioner has no criminal history relating to the offences prescribing sentence of greater than seven years of imprisonment or when on conviction, the sentence imposed was more than three years.