IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 05.03.2025 Ranpreet Singh ......Petitioner Versus State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Mohan Singh Chauhan, Advocate for the petitioner.

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SANJAY VASHISTH , J.

1. Present petition has been filed under Section 528 of BNSS, praying for time bound trial of the case bearing FIR No.258 dated 07.12.2019, under Sections 21/22 of NDPS Act and Section 25 of Arms Act, registered at Police Station Tanda, District Hoshiarpur.

2. On 06.02.2025, following order was passed :

“Present: Mr. Mohan Singh Chauhan, Advocate for the petitioner.

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Present petition has been filed under Section 528 of BNSS, praying for time bound trial of the case bearing FIR No. 258 dated 07.12.2019, under Sections 21/22 of NDPS and Section 25 of Arms Act, registered at Police Station Tanda, District Hoshiarpur.

Learned counsel for the petitioner submits that petitioner being accused in case FIR No.258 dated 07.12.2019, under Sections 21/22 of NDPS act and Section 25 of Arms Act, thus, interested in speedy trial, in view of the law laid down by Hon’ble Supreme Court in ‘Kartar Singh Vs. State of Punjab and connected case, 1994(2), RCR 169’. Counsel submits that petitioner has been falsely involved in the aforesaid case on 07.12.2019 and after completion of investigation final report/challan was submitted by the Investigating agency on 22.03.2021. Thereafter, after a period of more than two years and six months charges were framed by learned trial Court on 22.11.2023, but till date, proceedings for recording of prosecution witnesses are going on. Counsel also submits that though petitioner is on bail, but it is not the case where the delay in the trial occured because of the conduct and behaviour of the petitioner.

Let copy of this order be forwarded to learned Sessions Judge concerned, who will forward its report to this Court as to why the proceedings are going in a slow pace.

List on 05.03.2025.

To be shown in the urgent list.”

3. In pursuance thereto, report vide letter No.132 dated 19.02.2025 has been received from learned Additional Sessions Judge, Hoshiarpur, wherein it is mentioned that the proceedings of trial are prolonged only because of the accused persons (petitioner herein). For reference, report dated 19.02.2025 is as under:

“ From Jaswinder Sheemar Additional Sessions Judge Hoshiarpur To The Learned District and Sessions Judge, Hoshiarpur.

Subject: Report in CRM-M-6943 of 2025 titled as “Ranpreet Singh Vs. State of Punjab” (Next date 05.03.2025).

Respected sir, Kindly refer to your office letter No.2927 dated

14.02.2025 vide which undersigned has been directed to send detailed report pertaining to CRM-M-6943 of 2025 titled as “Ranpreet Singh Vs. State of Punjab”

In this regard, it is submitted that FIR No.258 dated

07.12.2019 was registered against two accused namely; Rana Partap Singh and Ranpreet Singh (brothers) U/s 21,22 of NDPS Act and Section 25 of Arms Act.

The final report U/s 173 Cr.P.C. was filed against both the accused on 22.03.2021 before the Ld. Predecessor of this Court. In absence of accused. Due to surge in noval Corona Virus, the accused had not appeared for 05.05.2021, 07.09.2021 before the Ld. Predecessor of this Court. Further the appearance of both the accused was exempted by the Ld. Predecessor of this Court for 24.11.2021, 24.01.2022. The accused seems to have appeared before Ld. Predecessor of this Court on 06.04.2022 for the first time and the case was adjourned for 07.05.2022 for consideration on charge. Again on 07.05.2022, both the accused had not appeared before the Ld. Predecessor of this Court, therefore, notice to both the accused was issued for 03.08.2022.

On 03.08.2022, on an application the appearance of both the accused was again exempted by the Ld. Predecessor of this Court and adjourned to 15.10.2022 for supplying copies to the accused as well as for consideration of charge. On 15.10.2022, the file was put up b