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»IN THE HIGH COmT OF DElffl AT NEW DELHI
Date ofDecision:April 06, 2015
BAIL APPLN. 85/2015
^ „ ..TO Petitioners
ANURADHA @ Manoj Sharma, Advocate
Date ofDecision:April 06, 2015
BAIL APPLN. 85/2015
^ „ ..TO Petitioners
ANURADHA @ Manoj Sharma, Advocate
VERSUS
.....Respondent
Through: Mr.VinodDiwakar, Additional
Public Prosecutor for respondent-
State
HON^EMR.JUSTICESUNILGAUR ninGMENT
O/. (ORAL)
Petitioners are accused inFIRNo.252/2014, under Sections 21/29 of the Narcotic Drugs and Psychotropic Substances ct
(UencefortH referredto as tHe 'NDPSAcf). who seekba.1when
" "hiring,leadedcounselforpetitionersinformsthat^matt^ is coming up beforethe trial courton24'^ April, 2015 for recordmg of statement under Section 313 of the Cr.P.C. of •
Learnedcounselforpetitionerssubmitsthatitisagoodcasefo^^^I there is inherent contradiction onthe point ofrecovery, testmg a isnon-complianceofmandatoryprovisionsoiNDPSAct.
Duringthe courseofhearing, attentionofthis Courtwas drawn
Pagel
Bail Application No.85/2015
2015:DHC:10609 te impugned order which reveals that petitioners are being tr,ed for illegal possession of 500 gms. and 300 gms. of heroin, whieh is a commercial quantity. To meetthe bar under Section37 oftheNDPSAct, learned counsel for petitioners had drawn attention of this Court to depositions ofrecovery witness (PW-9) and the FSL Expert (PW-W) to pointoutthattherewas change ofthe colouroftherecoveredsubstances and petitioners' applicationfor retesting has been erroneously dismissed bythetrialcourt.
Upon hearing and on perusal ofthe FIR ofthis ease, status report andcopy ofdepositionofmaterialwitnesses (PW-9&
PW-IO), Ifindthat the evidence recorded is not required to be pre-judged at this advance stageoftrial. Inthefacts andcircumstancesofthiscase,thisCourtisof the considered view that instead of entertaining petitioners' application for bail at the advance stage oftrial, itwould be appropriateto directthe trial court to expedite trial ofthis case, as petitioner is in custody since
October, 2012.
This application is accordingly disposed ofwith direction to trial court to expeditetrial ofthis case and to preferably conclude itwithin a periodofthreemonthsorsofromthedatealready fixed.
Trial court be apprised ofthis order forthwith.
APRIL 06, 2015
(SUNILGAUR)^
JUDGE
Page 2
Bail Application No.85/2015
2015:DHC:10609
Through: Mr.VinodDiwakar, Additional
Public Prosecutor for respondent-
State
HON^EMR.JUSTICESUNILGAUR ninGMENT
O/. (ORAL)
Petitioners are accused inFIRNo.252/2014, under Sections 21/29 of the Narcotic Drugs and Psychotropic Substances ct
(UencefortH referredto as tHe 'NDPSAcf). who seekba.1when
" "hiring,leadedcounselforpetitionersinformsthat^matt^ is coming up beforethe trial courton24'^ April, 2015 for recordmg of statement under Section 313 of the Cr.P.C. of •
Learnedcounselforpetitionerssubmitsthatitisagoodcasefo^^^I there is inherent contradiction onthe point ofrecovery, testmg a isnon-complianceofmandatoryprovisionsoiNDPSAct.
Duringthe courseofhearing, attentionofthis Courtwas drawn
Pagel
Bail Application No.85/2015
2015:DHC:10609 te impugned order which reveals that petitioners are being tr,ed for illegal possession of 500 gms. and 300 gms. of heroin, whieh is a commercial quantity. To meetthe bar under Section37 oftheNDPSAct, learned counsel for petitioners had drawn attention of this Court to depositions ofrecovery witness (PW-9) and the FSL Expert (PW-W) to pointoutthattherewas change ofthe colouroftherecoveredsubstances and petitioners' applicationfor retesting has been erroneously dismissed bythetrialcourt.
Upon hearing and on perusal ofthe FIR ofthis ease, status report andcopy ofdepositionofmaterialwitnesses (PW-9&
PW-IO), Ifindthat the evidence recorded is not required to be pre-judged at this advance stageoftrial. Inthefacts andcircumstancesofthiscase,thisCourtisof the considered view that instead of entertaining petitioners' application for bail at the advance stage oftrial, itwould be appropriateto directthe trial court to expedite trial ofthis case, as petitioner is in custody since
October, 2012.
This application is accordingly disposed ofwith direction to trial court to expeditetrial ofthis case and to preferably conclude itwithin a periodofthreemonthsorsofromthedatealready fixed.
Trial court be apprised ofthis order forthwith.
APRIL 06, 2015
(SUNILGAUR)^
JUDGE
Page 2
Bail Application No.85/2015
2015:DHC:10609
JUDGMENT