HARDIT SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) A truck was seized, which contained contraband (90 Kgs of Poppy straw), and was being driven by the applicant. He has been booked for having contravened the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985. He has filed the present application seeking bail on the ground that he is in custody since December 16, 2006, and the trial has not progressed an inch, all though the charge sheet was filed a long time back.

(2.) THE learned counsel for the applicant submitted that, by unreasonable delay in commencing and concluding the trial, fundamental right of the applicant of having speedy justice has been denied. The said contention is not germane while considering the prayer made by the accused, who is said to have committed an offence punishable under the said Act, for grant of bail.

(3.) LEARNED counsel for the applicant submitted that, in relation to the subject matter of the offence, four persons were accused, out of whom the case of one, being a juvenile, has been separated, and the other two have been granted bail. He submitted that in such circumstances, the applicant is also entitled to grant of bail. One of the accused persons, who has been granted bail, was not associated with the vehicle with which the applicant was associated. The other accused person, who has been granted bail, was charged on the basis of statements allegedly made by the applicant, as has been noted in the order granting bail.