JUDGMENT :

ANOOP CHITKARA, J.

1. An under-trial prisoner, who is in custody since 12.09.2019, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail, under Section 21 of Narcotics Drugs and Psychotropic Substances Act, 1985 (after now called “NDPS Act”) for jointly possessing 27.65 grams of Diacetylmorphine (Heroin), with the other accused, who already stands released on bail.

2. The police arrested the petitioner, in FIR Number 111 of 2019, dated 12.9.2019, registered under Sections 21 and 22 of the NDPS Act and Section 201 IPC in Police Station Damtal, District Kangra, H.P. disclosing cognizable and non-bailable offenses.

3. Earlier, the petitioner filed a petition under Section 439 Cr.P.C. before, learned Special Judge-I, Kangra at Dharamshala, District Kangra, H.P. However, vide order dated 2.11.2019, the Court had dismissed the same as withdrawn.

4. I have read the status reports and heard Learned Counsel for the parties.

FACTS:

5. The gist of the First Information Report and the status report is that on 12.9.2019, Police Party was on patrolling duty within the jurisdiction of Police Station Damtal, District Kangra, H.P. to dete