Rajender Kumar vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is an accused of offence under Section 20 of the ND&PS Act. It is alleged against the petitioner that he was found in conscious possession of commercial quantity of Charas.

Petitioner has made a prayer for grant of bail. Learned counsel for the petitioner has submitted that though the rigors of Section 37 of the ND&PS Act, are impediment in the case of petitioner, yet he is entitled for bail as his constitutional right of speedy trial has been violated. It is submitted that the petitioner is in custody since 23.11.2021 and till date the trial has not been concluded.

After going through the records, I am of the considered view that no case of exception under Section 37 of ND &PS Act, is made out. As regards, the prayer for the bail on the ground of delay in trial, it is evident from the record that the cognizance order was passed by learned Special Judge on 02.04.2022. On 21.04.2022, provisions of Section 207 of the Code, were complied with. The charges were framed on 04.08.2022. Out of twenty citied prosecution witnesses, seven have already been examined and the case is again fixed for recording of remaining prosecution evidence on 8. 06.2023.

In this view of the matter, it cannot be said that there has been any inordinate delay in trial.

Proceedings undertaken by learned Special Court reveals that no unnecessarily adjournment has been granted. It is also not the case that learned Special Judge has been granting long adjournments.

Thus, the petitioner has not made out any case for bail. Accordingly, the petition is dismissed.

Any expression of opinion here-in-above shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.