High CourtsSingle Bench

Sunil Kumar@ Sonu vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 4 February 2021 · Citation: (2021) 02 SHI CK 0312

HON’BLE JUDGES
Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 21, 29 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 201 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

14 paragraphs · 254 words

Anoop Chitkara, J

1.

The petitioner, who is in Judicial Custody since 17th May, 2020, in FIR No.90 of 2020, dated 17.05.2020, Police Station Ghumarwin, District

Bilaspur, Himachal Pradesh, under Sections 21 and 29 of the Narcotics Drugs & Psychotropic Substances Act, 1985, for keeping around 100.14

Grams of Heroin in his car, has come up before this Court, under Section 439 CrPC, for grant of bail.

2.

Prior to this, the petitioner had also filed an application, under Section 439 CrPC for grant of bail before the learned Special Judge, Ghumarwin,

District Bilaspur, H.P. However, vide order dated 13.08.2020, the learned Special Judge, Ghumarwin, District Bilaspur, H.P., had dismissed the said

application. A perusal of order of rejection of learned Special Judge, Ghumarwin, District Bilaspur, H.P. reveals that fourteen criminal cases were

registered against the petitioner, out of which two cases pending against him have been registered under the NDPS Act.

3.

The quantity involved in the present case is 100.14 Grams and the petitioner appears to be a habitual offender, as such, at this stage, he is not

entitled to any bail.

4.

Given above, in the facts and circumstances peculiar to this case, at this stage, the petitioner fails to make out a case for bail. The petition is

dismissed with liberty to file a new bail application, if so advised.

5.

Any observation made hereinabove is neither an expression of opinion on the merits of the case, nor shall the trial Court advert to these comments.

The petition is dismissed.