JEET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 204/2019, dtd. 29/9/2019, registered under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), 1985, at Police Station, Bhuntar, District Kullu, H.P. Petitioner is in custody since 6/10/2019.

(2.) Petitioner is facing trial for offences under Sec. 20 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that a huge quantity of 3 Kg.382 grams of Cannabis (Charas) was seized from personal search of one Joseph Shobal during routine checking in a bus at about 11:20 P.M. on 29. 09.2019 at Bajaura District Mandi, H.P. Further investigation revealed that Joseph Shobal was resident of Kerala and had purchased the seized contraband for Rs.4,80,000.00 from bail petitioner through one Mohsin. Contention of respondent is that there was regular telephonic conversations between petitioner Mohsin and Joseph Shobal between 26/9/2019 to 28/9/2019, which sufficiently revealed implication of petitioner in the crime.

(3.) Previously also petitioner approached this Court more than once for grant of bail, but every time his plea was rejected primarily on the grounds that the rigors of Sec. 37 of ND&PS Act\ were applicable and petitioner was involved in another case under the ND&PS Act. The last such order was passed on 9/5/2022 by this Court in Cr.MP(M) No. 811/2022. Though, the present one is another successive bail application, yet the same cannot be rejected on the basis of previously passed orders as it is being considered on the ground of violation of constitutional guarantee available to the petitioner with respect to speedy trial.