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2025 DAILYLAW 6849 (HP)

TEK SINGH v. STATE OF HP

CRMPM/363/2025 · 2025-03-11

Virender Singh

body2025

Judgment text

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( 2025:HHC:5614 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P (M) No.363 of 2025 Decided on : 11.03.2025 Tek Singh .......Applicant Versus State of Himachal Pradesh ...Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant: Mr. Yashveer Singh Rathore, Advocate. For the respondent: Mr. Mohinder Zharaick, Additional Advocate General, assisted by HC Lalit Kumar, No.11, I.O. Police Station, Aut, District Mandi. Virender Singh, Judge Applicant-Tek Singh has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of trial, in case FIR No.32 of 2023, dated 09.03.2023, registered with Police Station Aut, District Mandi, H.P., under Sections 20 and 29 of 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:5614 ) the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘NDPS Act’). 2. According to the applicant, he has been arrested, in the above noted case, for allegedly possessing commercial quantity of the Charas. 4. Admittedly, in this case, charge-sheet has been filed, in the competent Court of law, and Court has taken the cognizance. After framing charges, the prosecution has been directed to adduce evidence. 5. As per the status report, out of total 25 witnesses, 20 witnesses have been examined and now, the case is listed for 25th March, 2025, for recording the statements of two witnesses. 6. The applicant has tried his luck earlier, by moving similar application bearing Cr.MP (M) No.1646 of 2024, which was dismissed, by this Court, on 05.08.2024, with a direction to the learned trial Court to conclude the trial, on or before 31st December, 2024. 7. Admittedly, the learned trial Court has not concluded the trial nor any extension has been sought. 2 ( 2025:HHC:5614 ) 8. Without delving much on the said fact and considering the fact that commercial quantity of the contraband is involved, in the present case, the applicant is not able to make out a case for releasing him on bail, in view of the bar, as contained, under Section 37 of the NDPS Act. 9. However, keeping in view the period of detention of the applicant, learned trial Court is requested to conclude the trial on or before 30th April, 2025. 10. Any of the observations, made herein above, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present application. 11. Registry is directed to forward a copy of this order to the learned trial Court forthwith. ( Virender Singh ) March 11, 2025 (ps) Judge 3