Kirna Devi vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Petitioner has approached this Court, invoking provisions of Section 439 of Code of Criminal Procedure (in short ‘Cr.PC’), seeking regular bail in case FIR No. 77 of 2021, dated 26.04.2021, registered under Sections 20, 25, 27A and 29 of Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’) in Police Station Aut, District Mandi, H.P.

Status report stands filed. Record has also been made available.

Petitioner was arrested on 26th April, 2021 for being in alleged possession of 1.831 Kg. charas, recovered from the vehicle in which petitioner was travelling along with co-accused.

As per status report, only one witness remains to be examined and in the Trial Court, next date, by granting last opportunity to prosecution to examine the only witness, has been fixed on 1st May, 2023. Trial is at the advance stage and likely to be concluded in the near future.

Therefore, keeping in view the entire facts and circumstances, I do not find it a fit case to enlarge the petitioner on bail at this stage by considering the material placed before me on its merit.

Accordingly, petition is dismissed but with observation and direction that Trial Court shall make every endeavour to conclude the trial as expeditiously as preferably on or before 15th June, 2023.

Observations made in this petition hereinbefore, shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application.

Petition is disposed of in aforesaid terms.