The Himachal Pradesh High Court dismissed a writ petition, filed for seeking the grant of regular bail in a case registered against the petitioner for the commission of the offences punishable under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substances Act.
The Court observed that the accused is not entitled to bail if he causes a delay in the trial as the same will amount to taking advantage of one’s wrong which is impermissible.
Brief Facts:
As per the prosecution, the police party was checking the vehicles on 9.10.2012. One motorcycle came from Palaich. The petitioner was driving the motorcycle. He got scared after seeing the police and threw the bag. The bag was checked and 3 kg 92 grams of charas was recovered from the bag of the petitioner.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the trial is unduly delayed and the Petitioner is entitled to bail on this ground. He relied upon the judgment of the Hon’ble Supreme Court in Mohammad Muslim alias Hussain Vs. State 2023 SCC Online 352 in support of this submission.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that there is no delay in the trial out of 12 witnesses. Six witnesses have been examined and the matter is now listed for the recording of the statements of the remaining witnesses. The petitioner has not filed the order sheets to show that the delay was on the part of the prosecution and not on his part. Therefore, he prayed that the present petition be dismissed.
The Court noted that power under Section 482 of Cr.P.C. can be exercised to prevent the abuse of the process or secure the ends of justice. The Court can quash the complaint/F.I.R. if the allegations do not constitute an offence or make out a case against the accused. However, it is not permissible for it to conduct a mini-trial to arrive at such findings.
The Court observed that there is no material to show that the petitioner has not committed the offence punishable under Section 20(b)(ii)(c) of the NDPS Act; rather the material on record clearly shows that the petitioner was found in possession of the commercial quantity of charas.
The Court said that the petitioner has not filed the copies of the order sheets of the proceedings before the learned Trial Court to show that the delay was on the part of the prosecution and not on the part of the petitioner. The accused is not entitled to bail if he causes a delay in the trial as the same will amount to taking advantage of one’s wrong which is impermissible. Thus, in the absence of the order sheets, the plea that there is a delay in the trial and the petitioner is entitled to bail on the ground of delay is not acceptable.
The decision of the Court:
The Himachal Pradesh High Court, dismissing the petition, held that it cannot be said that there is undue delay in the disposal of the case which would entitle the petitioner to bail.
Case Title: Joginder Singh v State of Himachal Pradesh
Coram: Hon’ble Justice Rakesh Kainthla
Case no.: Cr.MP(M) No. 2792 of 2023
Advocate for the Petitioner: Mr. Arjun Lal
Advocate for the Respondents: Mr. Jitender Sharma
Read Judgment @LatestLaws.com
Picture Source : https://pixnio.com/free-images/science/medical-science/drug-paraphernalia-were-a-number-of-red-oblong-tablets-rows-or-lines-725x483.jpg
