SANJU SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Code of Criminal Procedure the petitioner is seeking bail in case FIR No. 143/2020, dtd. 7/9/2020, under Ss. 8C and 22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') registered at Police Station Amb, District Una, H.P.

(2.) The perusal of the status report filed by the respondent/State reveals that on 7/8/2020, the police party was on patrolling duty and at about 02:05 P.M. when they were present at place Athwan Chowk, they saw a person, who was carrying a bag, coming from the side of Luminous Factory towards Athwan. On seeing the police party, the person got perplexed and tried to run away. On suspicion, the said person was nabbed by the police party. The police party associated Rajesh Kumar and Roop Lal as witnesses in the proceedings, in whose presence the person disclosed his name as Sanju Sharma (petitioner herein). Thereafter, the bag of the accused-petitioner was searched and during search, 81 strips of SPAS-TRANCAN PLUS capsules, each strip containing 24 capsules and total 1944 capsules were found from his possession. The accused-petitioner had failed to produce any license or permit qua possession of the aforesaid capsules. After completion of necessary codal formalities, FIR detailed hereinabove came to be registered against the accused and he was arrested.

(3.) The bail application has been filed by the petitioner on the ground that he is innocent and has been falsely implicated in the present case. The learned counsel appearing on behalf of the petitioner has contended that the petitioner is in judicial custody for the last more than two years and there is no likelihood of conclusion of trial in near future as till date, out of total 23 prosecution witnesses, only 5 witnesses have been examined, therefore, the delay in conclusion of trial infringes upon the right of speedy trial of the petitioner, as such, he is required to be released on bail.