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TMI Blog2024 (8) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... and 29 of Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act ) in Police Station Una, District Una, H.P. 2. Status report stands filed. Record has also been made available. 3. In the status report, details in which petitioner-Satnam Singh, on the basis of trustworthy information from a reliable informer, was arrested for his involvement in business of prohibited drugs and for recovery of 3600 tablets of Lomotil and 298 tablets of Alprax 0.5, have been narrated in detail. 4. As per prosecution case, on disclosure of Satnam Singh regarding source of obtaining prohibitory drugs recovered from him, Deep Medicos at Delhi was raided where co-accused Parma Nand Pandey was found to be Incharge of the shop looking after the business. During raid 100 tablets of Lomotil and 375 tablets of Alprax were recovered from the shop, but co-accused could not produce any licence/permit or record to justify his entitlement to keep and sell these prohibited drugs recovered from his shop. Batch Number of recovered drugs i.e. 03L21029 of Lomotil and GDEB0002 of Alprax, was found same to the Batch Number of tablets of drugs recovered from the house of petitioner-Satnam Singh. For recovery of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igating Agency, on the basis of photocopies produced by Virender Singh, that he was not involved in commission of any kind of offence and, therefore, Non-Bailable Warrants issued against him was got cancelled on 22-10-2021. 8. As per status report Satnam Singh has disclosed that whenever he purchased prohibited drugs from Deep Medicos Delhi, the same was purchased from Parmanand Pandey. It has been further stated in the report that on verification of the documents in the office of Assistant Commissioner, Department of Drugs and Trade and Taxes Vyapar Bhawan IP Estate Delhi, it was found that GST number which was in the name of Dayanand Pandey is the same GST number which has been mentioned in the bills of three medicines, which were issued by Whole Seller to Deep Medicos for supply of drugs and further the documents i.e. PAN Card of Dayanand Pandey is also in the record of the aforesaid Department. 9. Further on verification of supply of medicine with respect to bills invoices produced by Parma Nand Pandey in the Court, it was found that payment of all these drugs, to all above referred three Whole Sellers, was made from account bearing No. 071405500560 of Deep Medicos. On further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esses are yet to be examined. Next dates of hearing in the trial have been fixed for recording evidence on 19-1-2024 and 20-1-2024, on which dates 4 witnesses on each day have been summoned. Remaining witnesses shall be examined lateron, which may consume considerable time. Taking into consideration pace of the trial, it is apparent that conclusion of trial is not possible in near future despite the fact that petitioner is under trial prisoner. It has further been contended that there is no role of the petitioner in delaying the trial and, therefore, it has been submitted that in these facts and circumstances, petitioner is entitled for bail. 16. Learned Counsel for the petitioner, to substantiate plea for bail, has referred pronouncement of the order dated 1-8-2022 passed by the Supreme Court in a petition for Special Leave to Appeal (Crl.) No. 3961 of 2022, titled as Abdul Majeed Lone v. Union Territory of Jammu and Kashmir, wherein petitioner facing trial for having been found in possession of 1100 grams commercial quantity of charas was enlarged on bail for suffering incarceration for over 2 years and 5 months, observing that there was no likelihood of completion of trial in ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -9-2018 and thereafter even charges had not been framed nor trial had commenced till grant of bail to the petitioner, whereas manufacturer who sold the drug to the accused had been granted bail. 21. Learned Counsel for petitioner has also relied upon order dated 5-8-2022 passed by the Supreme Court in Gopal Krishna Patra @ Gopalrusma v. Union of India (Cr. Appeal No. 1169 of 2022), wherein accused in custody since 18-6-2020 was ordered to be enlarged on bail considering the facts and circumstances on record and length of custody undergone by him. 22. Learned Counsel for petitioner has placed reliance upon judgment dated 13-1-2023 passed by this Bench in Cr.M.P. (M) No. 61 of 2023 titled Chet Ram v. State of Himachal Pradesh wherein an accused under detention for the last 3 years and 11 months for recovery of 1.900 Kg. charas has been ordered to be enlarged on bail. 23. Learned Counsel for petitioner has placed reliance upon judgment dated 29-12-2022 passed by Coordinate Bench in Cr.M.P. (M) No. 2703 of 2022 titled Ram Chand v. State of Himachal Pradesh wherein an accused under detention for the last 3 years and 11 months for recovery of 2 Kg. charas has been ordered to be enlarged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt dated 4-1-2023 passed by Coordinate Bench in Cr.M.P. (M) No. 2836 of 2022 titled Kaul Ram v. State of Himachal Pradesh; judgment dated 4-1-2023 passed by Coordinate Bench in Cr.M.P. (M) No. 2837 of 2022 titled Krishan Chand v. State of Himachal Pradesh wherein accused under detention for the last 3 years and 1 month for recovery of 5.679 Kg. charas have been ordered to be enlarged on bail, observing as under :- 7. The fetters placed by Section 37 of ND PS Act, evidently have been instrumental in denial of right of bail to the petitioner in the instance case till date. The question that arises for consideration is, can the provisions of Section 37 of the Act, be construed to have same efficacy, throughout the pendency of trial, notwithstanding, the period of custody of the accused, especially, when it is weighed against his fundamental right to have expeditious disposal of trial? 8. It is submitted by Learned Counsel for the petitioner that till date only eight witnesses have been examined and ten more witnesses remain to be examined, despite the fact that petitioner is in custody since 20-11-2019. In the considered view of this Court, the Constitutional guarantee of expeditious ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e like amount, one of which shall be of relative of petitioner, as undertaken, to the satisfaction of Trial Court/Special Judge within four weeks, and upon such further conditions as may be deemed fit and proper by the Trial Court, including the conditions enumerated hereinafter, so as to assure presence of the petitioner at the time of trial :- (i) That the petitioner shall make himself available to the Police or any other Investigating Agency or Court in the present case as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial; (iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (v) that the petitioner shall not misuse his liberty in any manner; (vi) that the petitioner shall not jump over the bail; (vii) t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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