High CourtsSingle Bench

Labh Singh vs State Of H.P

High Court Of Himachal Pradesh · Decided on 24 August 2020 · Citation: (2020) 08 SHI CK 0281

HON’BLE JUDGES
Ajay Mohan Goel, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 313, 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 18, 20
RESULT
Allowed
CASE NUMBER
CRMPM No. 1255 Of 2020
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Judgment

15 paragraphs · 291 words

Ajay Mohan Goel, J

1.

By way of this petition filed under Section 439 of the Code of Criminal Procedure Code (hereinafter referred to ‘Cr.P.C.’ for short),

petitioner has prayed for grant of regular bail in FIR No. 43 of 2017, dated 05.04.2017, registered at Police Station Bhunter, District Kullu, HP, under

Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances, Act (hereinafter referred to ‘ND&PS, Act’ for short).

2.

It is not in dispute that quantity involved in this case is commercial.

3.

Learned Counsel for the petitioner informs the Court that the statement of the petitioner under Section 313 of the Code of Criminal Procedure was

recorded on 13.08.2019. In these circumstances, he prays that he may be permitted to withdraw this petition, however, with liberty to the petitioner to

move appropriate application before the learned Court where the trial is pending, for fixing a date for hearing of the trial. He further submits that all

necessary assistance shall be rendered by learned Counsel for the accused to have the trial adjudicated upon as early as possible.

4.

Learned Additional Advocate General submits that the State shall also make an endeavour to have the matter decided as early as possible.

5.

The bail petition is accordingly permitted to be withdrawn, with liberty to the petitioner to move an application before the Court where the trial is

going on, for fixing a date for hearing of the case. In the event of any such application being filed, learned Court below shall fix the case for hearing in

terms of its roster and make an endeavour to decide the case, as expeditiously as possible, by adhering to the protocol norms in place in view of

COVID-19 pandemic.

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