Uttarakhand High Court
C407/22/2019 on 10 January, 2023
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
HON'BLE THE CHIEF JUSTICE SHRI VIPIN SANGHI
10TH JANUARY, 2023
CRIMINAL MISC. TRANSFER APPLICATION NO.22 OF 2019
Between:
Ram Bhullan ...... Applicant
and
State of Uttarakhand and Others ...... Respondents
Upon hearing the learned Counsel, the Court made the
following
JUDGMENT:
None appears for the petitioner when the
matter is called out. Mr. J.S. Virk, learned Deputy
Advocate General along with Mr. Rakesh Joshi, learned
Brief Holder for the State is present.
2. The petitioner has preferred the present
transfer petition under Section 407 of Cr.P.C. to seek
transfer of Special Sessions Trial No.203 of 2017 (Case
Crime No.278 of 2016) "State Vs. Rambhullan and
another under Section 8/20 of the N.D.P.S. Act, registered
at Police Station-Nehru Colony, District-Dehradun from
the Court of Special Judge, N.D.P.S. Act, Dehradun to any
other Court of Special Judge, N.D.P.S. Act, in the State of
Uttarakhand.
3. The applicant is one of the accused against
whom the charge-sheet has been filed by the
Investigating Officer before the Court of the Special
Judge, N.D.P.S. Act, Dehradun. The other accused is one
Prithivi Raj. The concerned Court has taken cognizance
and the case has been registered in Special Sessions Trial
No.203 of 2017 (Case Crime No.278 of 2016) "State Vs.
Rambhullan and another.
4. The applicant claims that since the present
Special Judge, N.D.P.S. Act, Dehradun has taken over and
is presiding in the said Court, it has become impossible
for the applicant to contest and do effective pairvi and
prepare his defense for the case. This is for the reason
that the dates in the matter are being fixed as early as 3
to 5 days.
5. The applicant states that he and other accused
are residents of Baharaich District, which is about 570
Kms. from Dehradun and it is virtually impossible for the
applicant to go back to Baharaich and again come back to
Dehradun within a span of 3-4 days.
6. The applicant states that Special Judge should
keep the dates at least 15 days apart. The applicant has
made allegations to the effect that the presiding judge
has broadly made up his mind. The applicant apprehends
that he may not get fair trial in the case.
7. For the aforesaid reasons, the applicant seeks
the transfer of the case to any other Court of Special
Judge, N.D.P.S. Act, in the State of Uttarakhand.
8. The grounds averred by the applicant to seek
transfer of the aforesaid case are not substantiated or
made out in terms of Section 407 of the Cr.P.C. Though,
the petitioner has alleged that fair and impartial trial
cannot be held by the Special Judge, N.D.P.S. Act,
Dehradun, apart from the bald allegations, there is no
material placed on record to substantiate the plea, which
could make it appear to this Court that fair and impartial
trial cannot be held in the case before the Special Judge,
N.D.P.S. Act, Dehradun.
9. The grievance, that the Special Judge, N.D.P.S.
Act, Dehradun is giving short dates in the matter, has no
merit for the reason that an expedited trial of the case is
need of the hour and no accused can have grievance with
regard to the trial being expedited.
10. Other allegations made against the Special
Judge, N.D.P.S. Act with regard to the appearances made
by him in the Court are unsubstantiated.
11. For the aforesaid reasons, the petition is found
devoid of merits and the same is, accordingly, dismissed.
12. Interim order dated 20.09.2019 stands vacated.
________________
VIPIN SANGHI, C.J.
Dated: 10th January, 2023
Sukhbant
