MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 211/2021, dtd. 18/12/2021, registered under Sec. 20 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Baijnath, District Kangra, H.P. Petitioner is in custody since 18/12/2021.

(2.) Petitioner is facing trial for offences under Sec. 20 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 17/12/2021, at about 8:25 pm, at place Baijnath, when police officials were on patrol duty, a secret information was received that one person namely Madan Lal @ Maddu is standing near Hanuman Mandir (Panjala) holding black coloured bag, in which huge quantity of Cannabis is alleged to be kept. At the sight of police party on the spot, he tried to ran away from the spot but he was immediately apprehended. Thereafter, local Panchayat Pradhan and Ward Member were called on the spot and search of the bag was carried in their presence. On search, 2Kg 45 grams of 'Cannabis' were recovered from the bag carried by him. Thereafter, the case was registered and petitioner was formally arrested. Petitioner is in custody since then.

(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 one year and five months and the trial has not even begun.