ANOOP CHITKARA
Stephen Chidubem – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Anoop Chitkara, J.
1. An under-trial prisoner, holder of Nigerian Passport, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking bail, under Sections 21 & 29 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), Section 12 of Passport Act, 1967, Section 14 of Foreigners Act 1946, Sections 420, 468, 471 IPC, for selling 13.95 grams of heroin (Diacetylmorphine).-
2. The police arrested the petitioner, in FIR No. 115 of 2019, dated 2.09.2019, registered under Sections 21 & 29 of the NDPS Act, Section 12 of Passport Act, 1967, Section 14 of Foreigners Act 1946, Sections 420, 468, 471 IPC, in Police Station, Dharampur, District Solan, Himachal Pradesh, disclosing cognizable and non-bailable offenses.
3. Earlier, the petitioner had filed a petition under Section 439 CrPC before the Special Judge-II, Solan. However, vide order dated 2.11.2019, Learned Special Judge, Solan, District Solan, HP, dismissed the petition.
4. I have read the status report(s) and heard counsel for the parties.
FACTS:
5. Briefly, the allegations against the petitioner are that the police had arrested one Naresh Kumar for possessing 13.95 grams o
Sami Ullaha v. Superintendent Narcotic Control Bureau
Gurbaksh Singh Sibbia and others v. State of Punjab, 1980 (2) SCC 565
Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav, 2005 (2) SCC 42
State of Rajasthan, Jaipur v. Balchand, AIR 1977 SC 2447
Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh, (1978) 1 SCC 240
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