Shamsher Singh v. State Of Haryana

-:1:-

-:2:- The counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case and he is in custody since last 1 year and 6 months and is having no criminal history and it will take considerable time for the trial to conclude. The counsel for the petitioner further submits that alleged recovery effected from the petitioner cannot be clubbed with that of co-accused Ram Mehar and in this regard, counsel for the petitioner placed reliance upon Amarsingh Ramjibhai Barot vs. State of Gujarat, 2005 AIR (SC) 4248 and the decision of the Coordinate Bench of this Court in CRMM-17683-2019 titled as Manoj Kumar vs. State of Punjab decided on 22.7.2019.

4.

The present petition is resisted by State counsel, who submits that total recovery effected from the car driven by the petitioner falls under commercial quantity and thus rigors of Section 37 of NDPS are applicable in the present case. However, the State counsel on instructions from ASI Wazir Singh has not disputed the fact that the petitioner is in custody for the last 1 year and 6 months and till date only 8 witnesses have been examined out of 17 witnesses on behalf of the petitioner and the next date of hearing before the trial Court is 26.8.2023. The State counsel has also not refuted the fact that petitioner is having no criminal history.

5.

6.

-:3:- Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No