BOBBY SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 16/2021, dtd. 24/2/2021, registered under Ss. 20 and 29 of Narcotic Drugs and Psychotropic Substances, Act (for short 'ND&PS' Act), at Police Station Swarghat, District Bilaspur, H.P. Petitioner is in custody since 24/2/2021.

(2.) Petitioner is facing trial for offences under Ss. 20 and 29 of ND&PS Act in pursuance to challan filed by respondent. The case of the prosecution is that on 24/2/2021, police intercepted Car No. HP49-2697, at place Baner within the jurisdiction of Police Station Swarghat, District Bilaspur, H.P. Accused Tek Ram was on the wheel and petitioner was an occupant of front passenger seat. On search of the Car, 1.790 Kgs Charas was recovered from the vehicle. The case was registered and petitioner alongwith co-accused Tek Ram were arrested. It was discovered that petitioner and Tek Ram were transporting the contraband at the instance of other co-accused, namely Vikas @ Vicky, Hitesh and Manoj Hooda. Petitioner and Tek Ram were engaged to transport the contraband from District Kullu, H.P. till the boundary of State of Himachal Pradesh. It was also discovered that the other co-accused were waiting on the State border of Himachal Pradesh beyond Swarghat in District Bilaspur, H.P. Police acted with promptness and arrested co-accused Vikas @ Vicky and Hitesh, who were found waiting near State border in a vehicle No. DL8C-NA-7974.

(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 snail's pace.