Single judge dismissed bail application in NDPS case. Court rejected claim that no prior applications were filed, noting a previous petition dismissed on merits, and found no substantial change in circumstances.
Petitioner's bail petition and pending miscellaneous applications, if any, are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.2573 of 2022 Decided on: 2nd December, 2022
------------------------------------------------------------------------------------- Sikandar …..Petitioner
Versus
State of H.P. .....Respondent
-------------------------------------------------------------------------------------
Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioner: Mr. Yashveer Singh Rathore, Advocate. For the Respondent: Ms. Ritta Goswami, Additional Advocate General with Mr. R.P. Singh, Deputy Advocate General.
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Jyotsna Rewal Dua, Judge
The petitioner seeks regular bail in FIR No.11/2021, dated 25.01.2021, registered under Sections 21 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Damtal, District Kangra, H.P. Para 8 of the bail petition reads as under:-
1 Whether reporters of print and electronic media may be allowed to see the order?
2
2. During hearing of the case, learned Additional
Advocate General pointed out that the above averments in paragraph 8 of the bail petition are factually incorrect. The petitioner had previously also filed bail petition, bearing Cr.MP(M) No.1152 of 2021, which was dismissed on merits vide judgment dated 16.07.2021. A copy of the order has been placed on record. The petitioner has neither given any details of the previous bail petition filed by him and the order passed therein nor has shown any substantial change in the facts and circumstances from the ones noticed in the judgment dated 16.07.2021.
Hence, for the aforesaid reasons, the present
petition is dismissed, so also the pending miscellaneous application(s), if any.
December 02, 2022 Mukesh
Jyotsna Rewal Dua Judge
2 issues framed by the court
Whether bail should be granted to the petitioner when he has filed a similar application earlier which was dismissed on merits without showing any substantial change.
Whether the petitioner's averments about no prior bail application are factually correct.
1 provisions across 1 enactments
Sikandar
State of H.P.
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
