SHER SINGH ALIAS SHERU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Allegations against Sher Singh, accused-petitioner, are that on July 3, 2002, he, alongwith Satnam Singh, a co-accused of this case, was found sitting on the bags of poppy husk (33 in number), which were laden in canter, in the area of Police Station, Guhla, District Kaithal. On seeing the police party, he had fled away and remained absconded. However, he could be arrested only on 19.10.2004.

(2.) While deciding earlier two bail applications, moved by the petitioner, vide order dated 2.12.2005 passed in Crl.M.No. 63017-M of 2005 it was directed that the trial Court should conclude the trial expeditiously, preferably within six months from the date of receipt of a certified copy of the said order.

(3.) Now, the contention of learned counsel for the petitioner is that only two prosecution witnesses have been examined so far, whereas, nine prosecution witnesses still remain to be examined. It has been pointed-out that a co-accused, namely, Pargat Singh, who was also declared a proclaimed offender in this case, could be arrested only on 9.2.2006. Hence, their trial has been started de novo and this would cause more delay in deciding the case of the petitioner. He has further contended that the petitioner cannot be said to be in conscious possession of the contraband substance, as he was just alleged to have been sitting on the bags containing poppy-husk.