SAHIL BATTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Sahil Batta, who is behind the bars since 21/2/2020, has approached this Court in the instant proceedings filed under Sec. 439 of Cr.PC, for grant of regular bail in case FIR No. 23 of 2020 dtd. 21/2/2020, under Sec. 20 of the NDPS Act, registered at PS Banjar, District Kullu, H.P.

(2.) Pursuant to order dtd. 10/3/2023, respondent-State has filed the status report and ASI Shesh Raj, PS Banjar Kullu, H.P., has come present with records. Records perused and returned.

(3.) Close scrutiny of status report/record reveals that that on 21/2/2020, at 5:15 AM, police stopped one car bearing registration No. PB48D8213 for checking near Fagu Pul, Banjar District Kullu and after having associated independent witnesses recovered one bag from the rear seat of the car containing 4.6 kgs of charas. Since no plausible explanation ever came to be rendered on record qua the possession of the aforesaid quantity of contraband by occupants of the car, police after completion of necessary codal formalities lodged the FIR as detailed herein above and since then, he is behind the bars. Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioner and there is inordinate delay in the conclusion of the trial, he has approached this Court in the instant proceedings for grant of regular bail.