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2023 Supreme(HP) 339

SATYEN VAIDYA
Jitender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Surinder Saklani.
For the Respondent:Ms. Sharmila Patial, Additional Advocate General, HC Chaman Lal.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, the petitioner has prayed for grant of bail in case FIR No. 98/2021, dated 01.06.2021, registered under Sections 18, 25 and 29 of Narcotic Drugs and Psychotropic Substances Act (for short “ND&PS Act), at Police Station Sadar, District Bilaspur, H.P.

2. The petitioner is in custody since 1.6.2021. He is accused of offence under Section 18 of the Act. The allegation against the petitioner is that he was found in conscious possession of commercial quantity of opium.

3. It has been contended for petitioner that he is in custody for the last more than two years and the trial has not yet concluded. It has also been submitted that constitutional right of the petitioner to speedy trial has been violated.

4. Learned Additional Advocate General has opposed the prayer on the ground that the petitioner is accused of a serious offence. He is not entitled to bail in view of the rigors of Section 37 of the Act.

5. I have heard learned counsel for the parties and have also gone through the record carefully.

6. Petitioner was arrested on 1.6.2021 and his custody is still continuing. This Court has been informed that the case is now fixed for recordi

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