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Bir Singh vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 7 February 2022 · Citation: (2022) 02 SHI CK 0012

HON’BLE JUDGES
Jyotsna Rewal Dua, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 15
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (Main) No. 250 Of 2022
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Judgment

16 paragraphs · 331 words

Jyotsna Rewal Dua, J

1.

The petitioner seeks interim bail for attending the marriage of his younger brother. The bail petition has been filed in respect of FIR No. 40/21 dated

02.02.2021, registered at Police Station Nalagarh, District Solan, H.P. under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. In

the aforesaid FIR, the petitioner is accused of possessing commercial quantity of poppy straw. Petitioner was arrested on 02.02.2021 and is lodged at

Model Central Jail Kanda, District Shimla.

2.

Alongwith the bail petition, wedding card of marriage of Shri Hamir Singh (stated to be younger brother of the petitioner) has been appended. As

per this card, the marriage ceremonies are scheduled to be held from 07.02.2022 to 10.02.2022. As per averments made in the petition, there is no

male member in the petitioner’s family, except his father, for managing the marriage affairs of his younger brother. Status report filed by the

respondent has not controverted these aspects including the factum of scheduled marriage of petitioner’s younger brother.

3.

In the aforesaid background, this petition is disposed of by directing the Superintendent Model Central Jail Kanda, District Shimla, to permit the

petitioner to participate in the marriage ceremonies of petitioner’s younger brother, scheduled on 9th and 10th February, 2022 at Nalagarh, District

Solan. The petitioner shall be taken in police custody on 09.02.2022 for the said purpose and he shall be brought back in police custody latest by 4:00

p.m. on 11.02.2022. The expenses for the same incurred by the Department shall be borne by the petitioner as undertaken by learned counsel for the

petitioner. The same shall be paid by the petitioner within a period of two weeks from the date of demand.

Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the Jail Authorities, who

shall not insist for certified copy of the same, however, it may verify the order from the High Court website or otherwise.