PURI NATH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 190 of 2019, dtd. 12/11/2019, registered under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Chowari, District Chamba H.P. Petitioner is in custody since 22/11/2019.

(2.) The challan is stated to have been filed and the trial is pending before learned Special Judge, Chamba. The police official ASI Balraj was present in the Court on 23/6/2023 alongwith police record. It was informed that there are thirty'one cited prosecution witnesses, out of whom only nine witnesses have been examined till date. 2. Petitioner has now prayed for grant of bail on the sole ground that his constitutional right to speedy trial has been violated. It is further contended that petitioner has nowhere been at fault in causing the delay in conclusion of trial. As per petitioner, the final conclusion of trial is going to take considerable time and his liberty cannot be curtailed for indeterminate period.

(3.) Per'contra, learned Additional Advocate General has opposed the prayer. It is submitted that petitioner is involved in a serious and heinous crime involving commercial quantity of charas. He is not entitled to be released on bail keeping in view the rigors of Sec. 37 of ND&PS, Act. It is further submitted that the petitioner on earlier occasion approached the learned Special Judge'II, Chamba, by way of Bail Application No. 154 of 2022, but the same was dismissed.