Himachal Pradesh High Court
Tanuj Kumar vs State Of Himachal Pradesh on 5 April, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.M.P. (M) No. 567 of 2023
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Date of decision: 5.4.2023
Tanuj Kumar. ...Petitioner.
Versus
State of Himachal Pradesh. ...Respondent.
Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner. Mr.Rakesh Kumar, Advocate.
For the Respondent: Mr.Rajesh Mandhotra, Additional Advocate
General.
Vivek Singh Thakur, Judge (Oral)
Petitioner has approached this Court, invoking provisions of Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), seeking bail in case FIR No. 13 of 2021, dated 19.2.2021, registered in Police Station Janjehli District Mandi, H.P., under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').
2. Status report stands filed. Record has also been made available.
3. Petitioner in this case is facing trial as an undertrial prisoner for alleged recovery of 6.680 Kilograms of charas from a vehicle which he was driving.
4. As per status report, out of total 26 witnesses, 23 witnesses have been examined and for examination of remaining 3 witnesses, matter has been fixed on 28.4.2023.
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5. Learned counsel for the petitioner by referring pronouncement of the Supreme Court in Sarija Banu (A) Janarthani Vs. State through Inspector General of Police, 2004 (12) SCC 266 has submitted that as in .
present case also there is no compliance of Section 42 of NDPS Act and thus petitioner is also entitled for bail.
6. Now trial is at advanced stage and it would not be appropriate for this Court to consider the plea raised by petitioner which requires adjudication on merits and such adjudication may have adverse impact on either side. Therefore, I do not find it a fit case to enlarge the petitioner on bail at this stage.
7. Accordingly, present petition is dismissed, however, with direction to the Trial Court to conclude the trial expeditiously as possible, preferably on or before 16th June, 2023.
(Vivek Singh Thakur),
5th April, 2023 Judge.
(Keshav)
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