Jagdish Kumar vs State Of H.P
2023 Latest Caselaw 17389 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Cr.MP(M) No. 2699 of 2023.

Decided on : 2nd November, 2023.

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    Jagdish Kumar                                                           ...Petitioner.
                                         Versus





    State of H.P.                                                       ....Respondent.

    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. M.A. Safee, Advocate.

For the respondent: Mr. Rohit Sharma, Dy. A.G.

Satyen Vaidya, Judge (Oral).

Petitioner along with his co-accused have been

charged for commission of offence under Section 20 of the

NDPS Act. It is alleged that the petitioner and two others

were occupants of a private vehicle bearing registration No.

HP-31C-7010, which was checked by the police party on

23.11.2021 and huge quantity of 2 Kg. 840 grams of charas

was recovered from the vehicle.

2. Petitioner has not been able to make out any case

of exception under Section 37 of the NDPS Act. He has

already been charged by the learned Special Judge and in the

Whether reporters of the local papers may be allowed to see the judgment?

...2...

teeth of the order, whereby, the learned Special Judge found

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prima facie case against the petitioner, this Court while

exercising jurisdiction under Section 439 of the Cr.P.C. will not

over turn such findings especially when the petitioner himself

has chosen not to challenge the same.

3. Learned counsel for the petitioner has submitted

that the independent witnesses associated by the

investigating agency have not supported the case of the

prosecution during trial. The contention put forth cannot be

a ground for grant of bail keeping in view the other

surrounding circumstances of the case. The fact of hostility

shown by the independent witnesses is not always sufficient

to record acquittal in favour of the accused.

4. Status report further reveals that the entire

prosecution evidence has already been examined and the

case is listed before the learned Special Judge for recording of

the statements of the petitioner and other accused persons

under Section 313 of the Cr.P.C. on 3.11.2023.

...3...

5. In the given facts of the case, no case for grant of

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bail is made out. Accordingly, the instant petition is

dismissed.

(Satyen Vaidya) Judge

2nd November, 2023.

(jai)