Umesh Kumar v. State Of Delhi

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1210/2016 UMESH KUMAR ..... Petitioner Through Mr.S.S. Sangwan, Adv.

versus STATE OF DELHI ..... Respondent Through Mr.Amit Chadha, APP with ASI Abdul Barkat, Narcotics Cell, Crime Branch.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 20.07.2016 The present bail application has been filed for the grant of regular bail in FIR No.42/2012, under Section 20 of the NDPS Act, Police Station Crime Branch.

Admittedly, the bail has been refused by the Court below as there is embargo of Section 37 of the NDPS Act. The counsel for the petitioner has not disputed the embargo of Section 37 of the NDPS Act imposed by the statute. The grievance of the petitioner is that the petitioner is behind the bar since the last 41⁄2 years and the trial is not proceeding. He further submitted that the Court below has already expedited the trial but the prosecution is not bringing forth its witnesses.

In the above facts and circumstances, the present application is disposed of with the observation that if the prosecution is not bringing

forth its witnesses in the trial, then the Court below would be at the liberty to close the prosecution evidence and proceed further. It is further directed that the Court below shall expedite the trial. The present application is accordingly disposed of. P.S.TEJI, J JULY 20, 2016 dd