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Judgment
14 paragraphs · 232 wordsSubodh Abhyankar, J
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in con-nection with Crime
No.217/2017 registered at Police Station Neemuch City District Neemuch (MP) for offence punishable under Section 8 read with Sections 18 and 29
of the Narcotic Drugs & Psy-chotropic Substances Act, 1985 (herein after referred to as the Act).
The applicant is in custody since 27.05.2017.
Looking to the quantity of contraband (71 kilograms of opium) which has been seized from the possession of the applicant, no case for grant of bail is
made out.
Although counsel for the applicant has submitted that the ap-plicant was arrested on 27.05.2017, however, he has been wrongly shown as an accused
on 27.05.2017. In the considered opinion of this Court, the presence of the applicant on the spot can only be posi- tively proved by the applicant in the
trial Court; and as such, no case for interference is called for, at this stage.
Looking to the period of incarceration of the applicant, as he is in jail since 27.05.2017, the learned Judge of the trial Court is direct-ed to expedite the
trial and conclude the same within a further period of one year. If the trial is not concluded within the aforesaid period, the applicant can renew his
prayer subsequently.
Accordingly, Miscellaneous Criminal Case No.4469/2021 stands disposed of.