RAJENDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused of offence under Sec. 20 of the ND&PS Act. It is alleged against the petitioner that he was found in conscious possession of commercial quantity of Charas.

(2.) Petitioner has made a prayer for grant of bail. Learned counsel for the petitioner has submitted that though the rigors of Sec. 37 of the ND&PS Act, are impediment in the case of petitioner, yet he is entitled for bail as his constitutional right of speedy trial has been violated. It is submitted that the petitioner is in custody since 23/11/2021 and till date the trial has not been concluded.

(3.) After going through the records, I am of the considered view that no case of exception under Sec. 37 of ND &PS Act, is made out. As regards, the prayer for the bail on the ground of delay in trial, it is evident from the record that the cognizance order was passed by learned Special Judge on 2/4/2022. On 21/4/2022, provisions of Sec. 207 of the Code, were complied with. The charges were framed on 4/8/2022. Out of twenty citied prosecution witnesses, seven have already been examined and the case is again fixed for recording of remaining prosecution evidence on 8. 06.2023.