RASHID KHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner has prayed for grant of regular bail, in FIR No.191 of 2020, dtd. 9/12/2020, registered under Ss. 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, (hereinafter to be referred as NDPS Act' for short) at Police Station Chowari, District Chamba, H.P.

(2.) Learned Counsel for the petitioner has submitted that after the lodging of the FIR, the petitioner is in custody since 9/12/2020. He further submitted the Court that the trial is progressing at a very slow pace and there is no likelihood of the same being completed in near future. The Court stands informed that the next date, which has now been fixed by learned Trial Court for recording the statements of remaining prosecution witnesses, is 17/5/2023. The Court also stands informed that the petitioner happens to be the sole bread earner of the family and therefore also, the Court may consider the prayer of the petitioner sympathetically as the petitioner who allegedly was apprehended with 1 kg 269 grams of Charas, is in custody for more than two years now. He further submitted that statements of the prosecution witnesses, which stand recorded till date, if gone through, would demonstrate that none has supported the case of the prosecution and there is each and every likelihood of the petitioner being acquitted on merit, but as completion of the trial is likely to take some time, therefore, it will be in the interest of justice, in case, present petition is allowed and the petitioner is ordered to be released on bail. Learned Counsel further submitted that a sympathetic view be taken as the petitioner happens to be a young boy of 24 years and there is no criminal history of the petitioner being earlier involved in commission of offences punishable under the provisions of the ND&PS Act.

(3.) The petition is opposed by learned Additional Advocate General, on the ground that as commercial quantity of the contraband has been recovered from the possession of the petitioner, therefore, as the provisions of Sec. 37 of the NDPS Act are attracted in the case and the reasons which have been given by learned Counsel for the petitioner, seeking bail of the petitioner have no relevance and the present petition thus deserves to be dismissed. Learned Additional Advocate General has also argued that earlier also the bail petition filed by the petitioner stands dismissed by this Court vide order dtd. 14/3/2023 and as learned Counsel for the petitioner has not been able to point out any change in the circumstances, therefore also, present petition deserves to be dismissed.