IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

ON THE 2^nd DAY OF SEPTEMBER, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) No.672 OF 2022 Between:-

DEV RAJ AGED 45 YEARS, SON OF SHRI RAM SINGH, RESIDENT OF VILLAGE SHELRA, PO CHANON, TEHSIL BANJAR, DISTRICT KULLU HP ….PETITIONER (BY SH. VIVEK SHARMA, ADVOCATE)

AND N.C.B. CHANDIGARH ...RESPONDENT (BY SHRI ASHWANI PATHAK, SR. ADVOCATE WITH SHRI DEV RAJ, ADVOCATE)

Whether approved for reporting?

This petition coming on for orders this day, the Court passed the following:

O R D E R Petitioner has approached this Court under Section

439 of Cr.PC seeking his enlargement on interim bail for a period of one month in Crime No. 66 of 2019, dated 7.11.2019 under Sections 8, 18, 20, 25, 28, 29 and 60 of Narcotic Drugs and Psychotropic Substances Act (in short “NDPS Act”) registered in Narcotics Control Bureau, Chandigarh.

2 Petitioner has approached this Court earlier also seeking bail by filing Cr.MP(M) No. 2077 of 2020 which was dismissed on merits vide order dated 7^th January, 2021. 3 Petitioner was arrested on 3^rd July, 2020 for selling commercial quantity of charas and also opium to main accused in the case and since then, after remaining in police custody, petitioner is in judicial custody.

4 Present petition has been preferred on the ground that daughter of petitioner is suffering from epilepsy due to which she suffers fits during the entire day and wife of petitioner had taken her to City Hospital, Kullu but the disease could not be controlled and Doctor has referred the case of his daughter to the bigger hospital like PGI Chandigarh/Fortis/Max at Mohali to explore the pogssibility of better treatment for cure of his daughter who is 16- i17 years old. It has been further submitted that it would not be possible for wife of petitioner to manage all affairs alone for treatment of his daughter either from PGI or Fortis or MAX, particularly keeping in view the fact that daughter of petitioner suffers fits sometimes for entire day.

5 Along with petition, treatment chart of daughter of petitioner of City Hospital Kullu, has been placed on record to substantiate the plea taken for enlarging the petitioner on bail depicting the plea taken in petition with respect to referring the daughter of petitioner to PGI/Fortis/MAX.

6. Mr. Ashwani Pathak, learned Senior HAdvocate, has opposed the enlargement of petitioner on bail on the ground that huge quantity of charas along with opium has been sold by petitioner to main accused and further that treatment/medical examination of daughter of petitioner can be managed by his wife and other relatives and for that purpose, enlargement of petitioner may not be necessary.

7. Learned counsel for petitioner submits that at later point of time, continuation of treatment or further medical examination may be continued in absence of father i.e. petitioner but for initial check-up and exploring the possibility of further tregatment and for consent thereto, if any required, in the Medical iInstitute like PGI, MAX or Fortis, presence of petitioner being father would be necessary.

8. It has been further submitted that petitioner is under- trial prisoner and his guilt is yet to be established, but he is not entitled for parole etc. like convict-prisoner and therefore, present petition has been filed.

9. Taking into consideration the submissions made by both sides, I am of opinion that at this stage for initial check-up of daughter of petitioner at Chandigarh and for starting the new treatment, if any, petitioner may be enlarged on interim bail till

10^th October, 2022.

10. Accordingly, petitioner is directed to bHe enlarged on interim bail till 10^th October, 2022, subject to his furnishing personal bond in the sum of Rs. 2 lakh with one surety in the like amount to the satisfaction of trial Court, from the date of furnishing and acceptance of bail bonds on following further conditions in addition to any other condition, which is considered to be