SUKH DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court for grant of pre-arrest bail under Sec. 438 Cr.P.C. in complaint case No. 4 of 2021, under Ss. 18-A and 18-C of the Drugs and Cosmetics Act, pending before learned Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmaur, H.P.

(2.) The case of the petitioner is that FIR No. 89 of 2018, was registered at Police Station, Paonta Sahib on 5/7/2018 under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'ND&PS Act'). Petitioner was arrayed as accused in the said FIR and was arrested on 5/7/2018. Petitioner was enlarged on bail by learned Special Judge-II, Sirmaur District at Nahan vide order dtd. 6/9/2018 in bail application No. 143 of 2018.

(3.) As per petitioner, both the cases i.e. FIR No. 89/2018 and complaint case No.4/2021 have arisen out of the same incident. It is alleged against petitioner that he was found in possession of huge quantity of medicines for sale without any licence. The said illegal activity of petitioner culminated in initiation of proceedings under the ND&PS Act as well as Drugs and Cosmetics Act.