ROOP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) An under-trial prisoner, in custody since 11.12.2019, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking bail, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), for possessing 1.267 kilograms of charas (Cannabis).

(2.) The police arrested the petitioner, in FIR No. 113 of 2019, dated 11.12.2019, registered under Section 20 of the NDPS Act, in Police Station Rajgarh, Distt. Sirmour, Himachal Pradesh, disclosing cognizable and non-bailable offenses. Earlier, the petitioner had filed a petition under Section 439 CrPC before the concerned Sessions Judge. However, vide order dated 9.1.2020, Ld. Special Judge-I, Sirmour, District at Nahan, HP, dismissed the petition. Thereafter, the petitioner had also moved similar application before this Court which as registered at Cr.MP(M) No. 91 of 2020 but the same was also rejected vide order dated 28.2.2020.

(3.) The petitioner who is aged 58 years and is facing trial for possessing commercial quantity of cannabis (charas) has come up before this Court seeking bail on the grounds that while under incarceration he suffered Covid-19 disease and now although he has recovered and tested negative but is under extreme anxiety and trauma.