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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 ..... osure 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 aforesaid drugs from the shop being looked after by co-accused, he was arrested and information in this regard was given to his younger brother Dayanand Pandey. 5. During interrogation, co-accused Parma Nand Pandey disclosed that licence and other records of Deep Medical Store were with the owner of the shop Virender Singh Tokas. Despite making efforts Virender Singh Tokas could not be traced on raiding his house and other places. On inquiry from Drug Controller of Karkar Dooma Delhi on 7-9-2021 report was received throu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 inquiry, the aforesaid account number maintained in ICICI Bank was found in the name of co-accused Dayanand Pandey which was opened on 19-10-2016 and in the account for KYC photocopies of PAN Card and Aadhaar Card of Dayanand Pandey were filed. 10. Lastly, it is stated in the status report that as per available record till date, it appears that Parma Nand Pandey in connivance with his brother Dayanand Pandey was involved in illegal business of supplying prohibited drugs and transactions in this regard were being mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 near future; and order dated 12-10-2020, passed by Three Judges' Bench of the Supreme Court, in Criminal Appeal No. 668 of 2020, titled as Amit Singh Moni v. State of Himachal Pradesh, whereby petitioner therein, facing trial for recovery of 3.285 kilograms charas from a vehicle, along with four other persons, was enlarged on bail for having been in detention of 2 years and 7 months, as till then out of 14 witnesses, 7 witnesses were yet to be examined and last witness was examined in February, 2020 and, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 on bail. 24. Learned Counsel for petitioner has placed reliance upon judgment dated 22-12-2022 passed by Coordinate Bench in Cr.M.P. (M) No. 2521 of 2022 titled Prem Chand v. State of Himachal Pradesh wherein an accused under detention for the last 3 years and 9 months for recovery of 2.605 Kg. charas has been ordered to be enlarged on bail. 25. Learned Counsel for petitioner has placed reliance upon judgment dated 28-2-2023 passed by Coordinate Bench in Cr.M.P. (M) No. 349 of 2023 titled Kew ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstrumental 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 trial cannot be diluted by applying the rigors of Section 37 of ND&PS Act in perpetuity. xx xx xx 12. In Gopal Krishna Patra @ Gopalrusma v. Union of India (Cr. Appeal No. 1169 of 2022), decided on 5-8-2022, Hon'ble Supreme Court has held as under :- "The appellant is in custody since 18-6-2020 in connection with crime registered as NCB Crime No. 2/2020 in respect of offences punishable under Sections 8, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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) that in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution; (viii) that the petitioner shall keep on informing about the change in address, landline number an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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