JASVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 36/2021, dtd. 16/2/2021, registered under Ss. 15, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Aut, District Mandi, H.P. Petitioner is in custody since 16/2/2021.

(2.) Petitioner is facing trial for offences under Ss. 15, 25 and 29 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that on 16/2/2021, at about 3:10 am, near Aut approximately 300 mtrs. ahead towards Four Lane Construction Site, when police party was on patrol duty, a secret information was received from one of the worker of this site that one vehicle was coming from Kullu to Mandi side and on noticing police presence had stopped, three persons had alighted from the vehicle and had run towards river by leaving the vehicle on road. It is further averred that when police moved approximately 100 meter ahead towards Kullu, one vehicle was found parked, which was identified as the same vehicle, which had been left there. On continuous search, two persons were found with wet feet on the banks of river at about 7:15 am. They got perplexed. On interrogation, they told their names as Bhola Singh and Jaswinder Singh. On search of vehicle 'Opium Doda' weighing 65 Kgs 720 Grams was recovered from the five jute bags in their presence. Petitioner was arrested alongwith his co-accused.

(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 more than two years and three months and the trial has not concluded, rather, it is progressing at snail's pace.