MAHINDER BAHADUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 21/2021, dtd. 3/2/2021, registered under Sec. 18 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Theog, District Shimla, H.P. Petitioner is in custody since 3/2/2021.

(2.) Petitioner is facing trial for offences under Sec. 18 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 3/2/2021, at about 1:40 pm, near Village Kotkhai, two persons were standing on the road. At the sight of police party. Both of them got perplexed. The police called one person named Balkrishan Hotta from Rinku washing Center to witness the proceedings. Thereafter, a huge quantity of 4.155 Kg Opium was recovered from the bag carried by petitioner.

(3.) Petitioner has now prayed for grant of bail on the ground that his constitutional right of expeditious disposal of trial has been infringed. As per petitioner, he is in custody for two years and four months and the trial has not concluded, rather, it is progressing at snail's pace.