LAWS(HPH)-2023-5-76

VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On May 29, 2023
VINOD KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 14/2021, dtd. 27/3/2021, registered under Ss. 20, 25 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Sainj, District Kullu, H.P. Petitioner is in custody since 27/3/2021.

(2.) Petitioner is facing trial for offences under Ss. 20, 25 and 29 of ND&PS Act in pursuance to challan filed by respondent. The allegation against petitioner is that on 27/3/2021, police party headed by HC Anupam Kumar No. 13 had laid 'Naka 'at place Larji. At about 4:30 am, a vehicle bearing No. HP-24B-6994 (Tata Tigor) was stopped for checking. Another Vehicle HP-24C-6968 (Pick-Up) followed and stopped behind the Tata Tigor car. Two person alighted from vehicle bearing No. HP-24B-6994 and ran towards river. Vehicle HP-24-C-6968 (Pick Up) was occupied by its driver i.e. petitioner. On search of vehicle HP-24C-6968 'Charas' weighing 1 Kg and 555 grams was recovered. Petitioner was arrested on 27/3/2021. As per his version, the recovered 'Charas' belonged to Ram Krishan and Deep Ram @ Nittu, who were occupants of the vehicle No. HP-24C-6968. Ram Krishan and Deep Ram @ Nittu were arrested on 30/3/2021. They disclosed that they have purchased the recovered contraband from Dabe Ram, who was arrested on the same day.

(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 the trial has not concluded, rather, it is progressing at snails pace.