Mohan Lal vs State Of H.P

Jyotsna Rewal Dua, J

The petitioner prays for grant of regular bail in FIR No. 43 of 2020 dated 06.02.2020, registered under Section 20 f Narcotic Drugs and Psychotropic Substances Act (the Act in short) at Police Station Bhuntar, District Kullu, H.P. The FIR in relation to possession of commercial quantity of contraband (1.5 Kg of cannabis).

A previous bail petition bearing Cr.MP(M) No. 98 of 2023, moved by the petitioner, was disposed of on 28. 02.2023 as withdrawn in view of the submission made by learned Deputy Advocate General. The order reads as under:-

“Petitioner, presently in custody, as an accused in FIR No.43/2020, dated 06.02.2020, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Bhunter, District Kullu H.P., is seeking regular bail, under Section 439 of the Code of Criminal Procedure.

The said FIR has been registered on account of possessing commercial quantity of contraband (1.5 Kg of cannabis). Respondent has filed status report and also produced the record. Ms. Seema Sharma, learned Deputy Advocate General submits that the prosecution is to examine only 4 witnesses, i.e. 1, 3, 11 & 12 and these are official witnesses. She further submits that the matter is listed for recording of statements of witnesses No.1 and 11 before the learned Trial Court on 17. 03.2023.

In view of above submission, learned counsel for the petitioner does not press this petition at this stage. He prays for withdrawing the petition with liberty to approach the Court at an appropriate stage in case need so arises. Accordingly, the petition stands dismissed as withdrawn with leave and liberty as prayed for. Pending miscellaneous application(s), if any, shall also stand disposed of.”

Learned counsel for the petitioner has submitted that the respondent has not been able to conclude the evidence. Inviting attention to the order dated 17.03.2023 passed by the learned Trial Court, it was highlighted that the respondent’s request for re-examining witnesses No.6 (MHC Tilak Ram) has been accepted. The said witness is to be produced before the learned Trial Court on 29.05.2023 alongwith witness No.12.

The respondent has filed the status report. The learned Deputy Advocate General, during the course of hearing today, has also furnished fresh status report. In terms of the fresh status report, there were 13 prosecution witnesses in all in the case, out of which, 8 witnesses have already been examined. Witnesses No.3, 8, 9, 10 and 12 are yet to be examined. Learned Deputy Advocate General states that she is under instructions imparted by the office of concerned Assistant District Attorney to the effect that the witnesses at Sr. Nos. 8, 9 and 10 shall be given up by the prosecution as these are not intended to be examined. Witness at Sr. No. 6 has already been summoned by the learned Trial Court for his re-examination for 29.05.2023. Witness No.12 (ASI Kamal Kant) has also been summoned by the learned Trial Court for recording his statement for 29.05.2023. Learned Deputy Advocate General further submits that though witness No.3 (C. Shyam Lal) has not been summoned for 29.05.2023, however, he shall remain present before the learned Trial Court for examination on the next date of hearing i.e. 29.05.2023.

In view of the above submissions, learned counsel for the petitioner seeks to withdraw the present petition and states that the prosecution witnesses No. 3,6 and 12 may be directed to be examined by the learned Trial Court on 29. 05.2023.

Taking into consideration the need for expeditious disposal of the trial, the status report filed by the respondent, the statement made by the learned Deputy Advocate General and submission made by the learned counsel for the petitioner, it is ordered that apart from recording the statements of MHC Tilak Ram (PW-6) and ASI Kamal Kant (PW-12), learned Trial Court shall also record the statement of C. Shyam Lal (PW-3) on 29.05.2023. Learned Deputy Advocate General has assured presence of C.Shyam Lal before the learned Trial Court on 29.05.2023, even though he has not been summoned for the said date.

In view of the above, the present petition is dismissed as withdrawn but with aforesaid direction. Liberty is reserved to the petitioner to file afresh petition at an appropriate stage, in accordance with law, if need so arises. The pending miscellaneous application(s), if any, also stand disposed of.

The Registry is directed to forthwith convey a copy of this order to the learned Trial Court.