Sandeep vs State Of H.P

Vivek Singh Thakur, J

Present petition has been filed, under Section 439 Cr.P.C., seeking bail in case FIR No. 50 of 2018 dated 14.7.2018 registered at Police Station

Kandaghat, District Solan under Section 20 of ND&PS Act.

Status report stands filed, wherein it is stated that in trial, next date of hearing is 28th September, 2020 fixed for recording of evidence of

prosecution. 3 Petitioner is facing trial for alleged recovery of commercial quantity of cannabis and he is in custody since 14.7.2018.

4 Learned counsel for petitioner is raising issues with respect to discrepancy/variations in weight of contraband, alleged to be recovered from

petitioner,recorded at the time of seizure, making inventory and receipt thereof in State FSL. This plea is to be taken into consideration by the trial

Court at the time of appreciation of evidence during trial.

5 As the case has already been fixed for recording of evidence of witnesses on 28th September, 2020 and in view of notification/circular dated

7.8.2020 issued by the High Court, evidence can be recorded in trial Court by taking all safety measures.

Therefore, this petition is disposed of with direction to the trial Court to record the evidence of witnesses on a date as already fixed i.e. 28th

September, 2020 with further direction to petitioner, through his counsel as well as respondent/State to ensure their effective representation before the

trial Court on the said date and the dates subsequent thereto fixed by the trial Court, enabling the trial Court to record the evidence and trial Court is

also directed, by taking all safety measures, to complete the evidence in the trial as early as possible so as to conclude the trial expeditiously. Parties

are also directed to avoid unnecessary adjournments, but to cooperate and assist the Court to conclude the trial.

7 Steps necessary to be taken by trial Court for recording evidence, including summoning the witnesses for the date, be taken immediately.

Copy of this order be transmitted to the trial Court through E-mail.

Petition stands disposed of accordingly.