Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59622 of

2022

Applicant :- Mohammad Hasan

Opposite Party :- State of U.P.

Counsel for Applicant :- Istyak Khan

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has prayed

to be enlarged on bail in Caes Crime No. 246 of 2022 at

Police Station Panaki, District Kanpur Nagar under

Sections 8/22 of NDPS Act. The applicant is in jail since

25.06.2022.

The bail application of the applicant was rejected by

learned trial court on 29.07.2022.

2 Kg. and 900 gm. Charas has been recovered from the

applicant. Shri Rishi Chaddha, learned AGA contends that

all mandatory provisions of the NDPS Act have been

complied with.

The applicant was in possession of the drugs when he was

arrested by the police authorities. The forensic science

laboratory report drawn up in accordance with the latest

scientific protocol by experts which confirms that the

substance allegedly recovered is prohibited drugs. The

offence is grave. There is likelihood that the applicant had

committed the offence. At this stage, no case for bail is

made out.

Without going into the merits of the case, the bail

application is dismissed.

Considering the gravity of the offence, interest of justice

will be served by directing the learned trial court to

expedite the trial within a stipulated period of time.

The trial court is directed to conclude the trial within a

period of one year from the date of receipt of a certified

copy of this order. The learned trial court shall proceed

with the hearing on a day to day basis to ensure that the

above stipulated timeline of one year is strictly adhered to.

All witnesses and counsels are directed to cooperate with

the trial proceedings.

The trial court has also to be conscious of the rights of the

accused persons and is under obligation of law to ensure

that all expeditious, necessary and coercive measures as

per law are adopted to ensure the presence of witnesses.

Counsels or parties who delay or impede the proceedings

should not only be discouraged from doing so but in

appropriate cases exemplary costs should also be imposed

on such parties/ counsel.

The learned trial court shall promptly take out all strict

coercive measures against all the witnesses in accordance

with law who fail to appear in the trial proceeding.

Counsels or parties who delay or impede the proceedings

should not only be discouraged from doing so but in

appropriate cases exemplary costs should also be imposed

on such parties/ counsel.

Police and administrative authorities of the State are also

directed to ensure that the coercive measures adopted by

the court are promptly executed to ensure the presence of

the witnesses on the appointed date before the trial court.

The trial judge shall submit a fortnightly report on the

progress of trial and the steps taken to comply with this

order to the learned District Judge.

A copy of this order be communicated to the learned trial

judge through the learned District Judge, Kanpur Nagar by

the Registrar (Compliance) by FAX.

Considering the medical records, the Jail

Superintendent/District Administration, Kanpur Nagar, is

directed to ensure that the medical authorities available in

the city and in Lucknow are provided to the applicant.

Jail Superintendent, Kanpur Nagar, shall maintain a

regular record of the health of the applicant.

Order Date :- 10.2.2023

Dhananjai

Digitally signed by :-

DHANANJAI

High Court of Judicature at Allahabad