IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 955 of 2021 Date of Decision: 4.6.2021.

Gulam Hussain ...Petitioner.

Versus State of H.P. ...Respondent.

Coram:

The Hon’ble Mr. Justice Anoop Chitkara, Judge.

Whether approved for reporting?¹ NO For the petitioner: Mr. Manoj Pathak, Advocate.

For the respondent: Mr. Nand Lal Thakur, Addl. Advocate General.

THROUGH VIDEO CONFERENCE FIR No. Dated Police Station Sections

62/2020 7.11.2020 Nerwa, District Shimla 22 of NDPS Act.

Anoop Chitkara, Judge(Oral H An under-trial prisoner, facing trial for dealing allegedly in the commercial quantity of cough syrup containing codeine phosphate, has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking interim bail, because he had undergone a major surgery and now desperately needs attention and care of his family members.

2. The bail petition is silent about criminal history, however, Mr. Manoj Pathak, Ld. Counsel for the bail petitioner states on instructions that the petitioner has no criminal past relating to the offences prescribing sentence of seven years and more, or when on conviction, the sentence imposed was more than three years.

1 Whether r