ASLAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in case bearing FIR No. 77 dtd. 18/2/2024, registered under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Chandhut, District Palwal.

(2.) Brief facts of the case relevant for the purpose of disposal of this petition are that on 18/2/2024, on the basis of a secret information, the petitioner and co-accused Mubarak, while coming in container vehicle bearing registration number HR-38-V-2089, were apprehended by a police party and recovery of 361.550 kgs. of Ganja, which was kept in sixteen different sacks in the said vehicle, was effected. Both of them were formally arrested at the spot. After completion of necessary investigation and usual formalities, challan was presented on 12/8/2024 in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offences.

(3.) Learned counsel for the petitioner has argued that he has been falsely implicated in this case. Mandatory provisions of the NDPS Act were not complied with properly. No independent witness was joined at the time of effecting alleged recovery. Even otherwise, investigation has been completed long back and challan has been presented in Court. However, trial is substantially delayed as despite the fact that challan was presented on 12/8/2024, no prosecution witness has been examined so far out of total 21 witnesses. Hence, there is no likelihood of the trial being completed in near future. The petitioner is not involved in any other case and has clean antecedents. He is in custody since 18/2/2024. In view of substantial delay in trial, the petitioner is entitled to get benefit of bail as no useful purpose would be served by keeping the petitioner in custody anymore. It is, therefore, urged that the petition deserves to be allowed.