Sanjeev Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

This bail petition arises out of FIR No.366/2020 dated 20.12.2020 registered under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Kullu, District Kullu, H.P. The FIR pertains to alleged recovery of 1.855 kgs of cannabis.

Respondent has filed status report and also produced the record.

Learned Additional Advocate General submitted that the trial is nearing conclusion. Only three prosecution witnesses remain to be examined out of whom two are police officials and one is Nodal Officer of a Telecom Company. It is also submitted in the status report that the trial was earlier fixed for 16.08.2023 for recording the statements of these three prosecution witnesses, however, on account of land-slides, effective hearing could not take place on the given date.

Learned Additional Advocate General further submitted that though the matter is now scheduled to be listed before the learned Trial Court on 15.09.2023 for fixing the date of evidence, however, the police officials i.e. PW-20 (Pushp Raj) and PW-21 (Kulwant Singh) will be produced by the prosecution before the learned Trial Court for recording their statements on the said date.

Taking note of submissions of learned Additional Advocate General, it is ordered that the aforesaid witnesses if produced by the prosecution on 15.09.2023 as assured by learned Additional Advocate General, shall be examined by the learned Trial Court on 15.09.2023 without insisting upon service of summons upon them. Since the trial is nearing conclusion, it will not be appropriate to consider the bail petition at this stage. The petition is accordingly disposed of. However, liberty is reserved to the petitioner to to file fresh petition, in accordance with law, if necessity is felt in future. Pending miscellaneous application(s), if any, shall also stand disposed of.