In the case of Prem Raj vs State of Himachal Pradesh the petitioner was arrested for possession of 107 grams of hashish. He applied for regular bail in 2019 but couldn’t get it due to delays. Now, the petitioner, after being in custody for one year and nine months, got the bail.
Facts of the Case
Prem Raj, the petitioner, was booked under section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 for holding 107 grams of cannabis resin (charas).
He filed for a regular bail in 2019 which was dismissed as first, he couldn’t provide a witness after the case was listed for leading defence evidence and the case was adjourned until the next date. The next hearing was not able to take place due to the coronavirus pandemic.
The trial then happened in May 2020. Wherein, the Issue pertained to whether the Court shall grant bail to the Petitioner or not.
Arguments before the Court
The arguments made by the petitioner’s counsel was that the petitioner has been in custody for more than a year and according to the amount of hash he has been allegedly caught with, up to one year of imprisonment is sentenced. Also, due to the pandemic, it’s uncertain when the Court will resume with its regular work.
So, the bail should be given to the petitioner as he should not be under custody any further as when the Trial will get over is not known.
After considering the circumstances, the material and arguments, the Court observed that the case was fit for granting the bail.
The bail was granted after the petitioner promised to comply with the conditions of bail ordered by the Court.
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