PANKAJ SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition under Section 439 Cr.P.C. for the grant of bail arises out of case FIR No. 7 of 2014 dated 25.1.2014 registered at Police Station, Sunni, District Shimla, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act').

(2.) THE petitioner has contended that he is a good character and has been arraigned as an accused with the object of injuring and humiliating him, by having him so arrested. It is also contended that nature and gravity of accusations is not so grave that the bail should be opposed by the respondent. It is also contended that bar of Section 437(1)(ii) of Cr.P.C. shall not apply in the present case because the petitioner has never been convicted for any offence punishable with sentence of death or life or with imprisonment for a term of seven years or more. The antecedents of the petitioner are clean and cannot be termed as a habitual offender. There is no possibility of the petitioner fleeing from justice and he does not have any previous criminal history. Notice of this petition was issued to the State of Himachal Pradesh. I have gone through the records of the case and find that the prosecution story proceeds in the following manner:

(3.) I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and perused the records of FIR No. 7 of 2014.