VIDYA NATH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 172 of 2024, dt. 20/10/2024, registered at Police Station, Ghumarwin, District Bilaspur, H.P., for the commission of offences punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS).

(2.) It has been asserted that, as per the prosecution, the petitioner was travelling in a taxi bearing registration No HP-01K-4679 with co-accused Duni Chand. Amar Nath was driving the taxi. The police intercepted it and recovered 1 5111 kgs of charas. The police arrested the petitioner. The prosecution has failed to complete the evidence, and the petitioner's right to a speedy trial is being violated. The bar under Sec. 37 of the NDPS Act does not automatically apply because of the recovery of the commercial quantity. The recovery was not effected from the conscious possession. The co-accused Amar Nath has been granted bail by this Court on 16/7/2025. The prosecution has relied upon the statement of Puneet Kaundal, who was projected as an independent witness, but he turned hostile. The testimony of this witness made the prosecution's case doubtful. Therefore, t was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The petition is opposed by filing a status report asserting that the police party was on Nakabandi duty on 20/10/2024. A taxi bearing registration No. HP-01K-4679 came from Mandi at 8.10 PM. The police signalled the driver to stop the vehicle. The driver stopped the vehicle. The police started checking the documents. The person sitting beside the driver tried to conceal a bag. The police asked him the reason for doing so, but he could not give a satisfactory answer. The driver identified himself as Amarnath, the person sitting beside the driver identified himself as Vidya Nath, and the person sitting in the rear seat identified himself as Duni Chand. The police checked the bag kept by Vidya Nath and f und 1.511 kgs of charas in it. The police seized the charas and arrested the occupants. The charas was sent to FSL and was confirmed to be the extract of cannabis and a sample of charas. The police checked the call detail record and the bank statements, but could not find the involvement of any other person. All the people were known to each other. Vidya Nath and Amar Nath are remotely related to each other. The police filed the charge sheet before the learned Special Judge on 5/5/2025. The matter was listed before the learned Additional Sessions Judge, Ghumarwin, Bilaspur, on 26/9/2025, for recording the statements of prosecution witnesses. Hence, the status report.