JUDGMENT

Anoop Chitkara, J. - For possessing 2 kilograms of charas (Cannabis), the petitioner, who is in custody since 31st March 2019, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking regular bail, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2. The police arrested the petitioner, in FIR No.10 of 2019, dated 31.03.2019, registered under Sections 20 of the NDPS Act, in Police Station, Patlikuhal, District Kullu, Himachal Pradesh, disclosing cognizable and non-bailable offenses. Earlier, the petitioner had filed a petition under Section 439 CrPC before this Court. However, vide order dated 19th November, 2020, the same was dismissed.

3. Status report reveals that the petitioner has no criminal history relating to the offences prescribing sentence of greater than seven years of imprisonment or when on conviction, the sentence imposed was more than three years.

4. Briefly, the allegations against the petitioner are that on 31.3.2019, at around 6.00 p.m., the police party led by SHO was on patrolling in the area of Neri within the jurisdiction of Police Station, Patlikulah. At around 7.20 p.m.,