A 58-year-old man (the petitioner) was placed in custody on December 11, 2020, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 for keeping 1.267 kilograms of charas/marijuana. Amidst his custody, he tested positive for covid-19 and very soon recovered. But after that, he was under extreme anxiety.
Not only he but also his family members were under anxiety. It was felt that if he would be allowed to spend some time with his family members then certainly his stress would get released.
Thus, an application was filed by the petitioner before the Himachal Pradesh High Court seeking an interim bail under Section 439 of the Code of Criminal Procedure and allowing him to meet his family members for a few days.
The Himachal Pradesh High Court comprising the bench of Justice Anoop Chitkara looked into the matter and considering the old age of the petitioner as well as the present situation of the covid-19 pandemic was of the opinion that bail could be granted to him for few days as there was also no risk of his escape.
Thus, on November 2, 2020 the court granted bail to the petitioner for two weeks and directed him to submit a personal bond of Rs 1 lakh to the satisfaction of the Chief Judicial Magistrate.
