Early Times Report
JAMMU, Feb 24: Justice Rajesh Sekhri of Jammu & Kashmir and Ladakh High Court dismissed the petition filed by Harjeet Singh facing trila in NDPS Act.
According to the NCB case that on 16.08.2020, Narcotics Control Bureau (NCB), Jammu, acting on specific information, intercepted a Truck bearing Registration No. PB-08 BV 9981 and recovered 14.660 kgs of Charas from the possession of the petitioner and co-accused, Raj Kumar. On the basis of their statements under Section 67 of the NDPS Act, they were arrested and the respondent-Investigating Agency, after legal formalities, presented a complaint in the trial Court for the alleged commission of offences punishable under Sections 8/22/29 NDPS Act.
Justice Rajesh Sekhri after hearing Adv Akeel Wani for the applicant whereas DSGI Vishal Sharma for the NCB, observed that 14. No doubt, the length of custody and likelihood of the trial delay can be key factors in granting bail to an accused regardless of the seriousness of the charge, but it is not an absolute right and Court has to take various factors into consideration including the role played by the accused and assistance rendered by him to ensure speedy trial. Where an accused equally contributes in the procrastinated trial and shares the responsibility for delay, alongside the prosecution and the court system, by requesting unnecessary adjournments, frequent change of counsels and not appearing in the court on scheduled hearings for examination of the witnesses, present in the court, the plea of bail on the ground of protracted incarceration, is not available to him. For the foregoing reasons, the present application, being devoid of merit, is dismissed. However, trial Court is requested to conclude the trial with expedition, by fixing regular calendars for examination of the prosecution witnesses, preferably within a period of six months. —JNF |
