LAWS(HPH)-2020-6-57

SATISH SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On June 29, 2020
SATISH SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The petitioner, who is under incarceration for the last one year and one month, for purchasing 6 kilograms and 324 grams of charas, and 413 grams of opium, and after that transporting it through another accused, has come up before this Court seeking bail.

(2.) Based on a First Information Report (FIR), the police arrested the petitioner, on 27.5.2019, in FIR No.83 of 2019, dated 27.5.2019, registered under Sections 18, 20 and 29 of the NDPS Act, read with S. 181, 192, 196 of Motor Vehicles Act, 1860, (MV Act), in Police Station, Jogindernagar,, District Mandi, Himachal Pradesh, disclosing cognizable and non-bailable offenses.

(3.) Earlier, the petitioner filed a petition under Section 439 CrPC before Special Judge-III, Mandi, HP. However, vide order dated 5.11.2019, 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.