Pawan Kumar vs State Of H.P.

Vivek Singh Thakur, J

Status report stands filed, wherein it is stated that on 6th February, 2018 at about 3.48 a.m, a reliable and confirmed telephonic information was received from the police informant Raju that one white Alto car bearing No. HP-76-2684 was coming from Bangana side towards Jhungia (Punjab), wherein 40-50 Kgs, of poppy straw was being transported. After recording the information in the daily diary report and sending it to SDPO in compliance of Section 42(2) of NDPS Act, police party reached on the spot on the relevant road in Gram Panchayat, Haroli and associated Sh. Satnam, Up-Pradhan Gram Panchayat and Raju informant for checking the vehicle. At about 6.10 a.m, the car in question came on the spot and the same was stopped and checked. Driver of the car had disclosed his name as Suresh Kumar, whereas, the person sitting on the co-driver seat had disclosed his name as Pawan Kumar. During the checking, six gunny bags of poppy straw were recovered from the vehicle were seized after completing the codal formalities, and petitioner along with co-accused Suresh Kumar were arrested and since then petitioner after remaining in police custody is in judicial custody. On chemical analysis report from State FSL, the contraband recovered was confirmed to be poppy straw.

On completion of investigation, challan was presented in the Court and in sequel thereto, trial is pending before the trial Court and next date for recording statements of witnesses has been fixed as 7th September, 2020. It is reported that out of 21 witnesses, 19 have been examined and only two witnesses are to be examined.

As per status report, there were three accused as during interrogation, accused Pawan Kumar and Suresh Kumar had disclosed that 3rd accused namely, Bhoop Singh had fled away from the spot, but he could not be apprehended despite making all out efforts and, therefore, was declared as Proclaimed offender.

Considering the nature, facts and circumstances of the case, quantity of the contraband recovered and punishment provided for that and also stage of the trial, I do not find it appropriate to enlarge the petitioner on bail at this stage.

Accordingly, present petition is dismissed with direction to the parties to ensure their effective representation before the trial Court on 7th September, 2020, the date fixed for recording remaining two witnesses and also on any other subsequent date to be fixed for the said purpose, so as to enable the trial Court to record evidence at the earliest latest by 15th October, 2020 and to conclude the trial as expeditiously as possible, preferably by 31st December, 2020. The trial Court is also directed to ensure recording of evidence of remaining witnesses latest by 15th October, 2020, if could not be recorded on 7th September, 2020 for genuine reasons.

Needless to say that the trial Court as well as the parties shall adhere to the norms of social distancing, safeguards and other safety measures as notified by the competent authority from time to time to avoid spread of COVID-19 epidemic and shall also avoid unnecessary adjournments.