Vaibhav Sharma vs Narcotics Control Bureau on 11 April, 2023

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Delhi High Court - Orders

Vaibhav Sharma vs Narcotics Control Bureau on 11 April, 2023

Bench: Anup Jairam Bhambhani

                          $~52
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 2392/2023
                               VAIBHAV SHARMA                                 ..... Petitioner
                                               Through: Mr. Aditya Aggarwal with Mr.
                                                          Naveen Panwar, Advocates.
                                               versus
                               NARCOTICS CONTROL BUREAU                     ..... Respondent
                                               Through: Dr. Subhash Bansal, Senior Standing
                                                          Counsel with Mr. Raghav Bansal,
                                                          Advocate.
                               CORAM:
                               HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                               ORDER

% 11.04.2023 CRL.M.A. 9077/2023 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 2392/2023

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner seeks a direction that his bail petition pending before the learned Special Judge, NDPS, Patiala House Courts, New Delhi be disposed of within a stipulated time.

2. Mr. Aditya Aggarwal, learned counsel appearing for the petitioner has taken the court through the order sheet of the matter, to show that though the bail petition was heard on 03.03.2023 and was put-up for orders on 04.03.2023, it got adjourned on that date since the learned Presiding Officer was on leave. Thereafter, the matter was posted to Signature Not Verified Digitally Signed CRL.M.C. 2392/2023 Page 1 of 2 By:NEERAJ Signing Date:13.04.2023 15:04:25 07.03.2023, on which date, since certain further judgments were sought to be cited by the petitioner, the matter was listed next on 17.03.2023.

3. Furthermore, as recorded in order dated 07.03.2023 as also in the order dated 17.03.2023, the learned SPP appearing for the Narcotics Control Bureau prayed that the matter may await the decision of two Co- ordinate Benches of this court, which were seized of the issue of assessing 'commercial quantity' where samples are mixed upon recovery; whereupon the matter was adjourned to 29.03.2023, on which date the learned Presiding Officer was on half-day leave.

4. Counsel for petitioner submits that that issue is now settled by a judgment of a Co-ordinate Bench in BAIL APPLN. No. 3233/2022 titled Laxman Thakur vs. State (Govt. of NCT of Delhi) which was pronounced on 14.12.2022.

5. The matter is now stated to be listed tomorrow i.e. 12.04.2023.

6. Considering the prayer made in the present petition, it is not considered necessary to issue notice in the matter.

7. In view of the above, and considering that the matter had already been placed for orders on 04.03.2023, the petition is disposed-of requesting the learned Special Judge to dispose of the bail petition as expeditiously as possible, and preferably within 01 month from the next date i.e. 12.04.2023.

8. Pending applications, if any, also stand disposed-of.

9. Order be given dasti under signatures of the Court Master.

ANUP JAIRAM BHAMBHANI, J APRIL 11, 2023/ds Signature Not Verified Digitally Signed CRL.M.C. 2392/2023 Page 2 of 2 By:NEERAJ Signing Date:13.04.2023 15:04:25

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Delhi High Court - Orders