Heard learned counsel for the applicant as well as Ms. Shikha Sinha, learned counsel for the N.C.B. and perused the record.
The present bail application has been filed on behalf of applicant in N.C.B. Case No.19 of 2018, under Sections 8/20/27A/29 N.D.P.S. Act, N.C.B. Lucknow.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. He further submitted that the arrest memo is suspicious as neither any cash nor mobile phone was recovered from the possession of the applicant. He further submitted that the applicant was coming from Nepal to Sahara Hospital, Lucknow for his abdominal treatment. He further submitted that in a suspicious manner, applicant has been challaned on the basis of false implication and the mandatory provisions of Section 50 N.D.P.S. Act has not been complied with during the course of search. He further submitted that the applicant is in jail since 19.08.2018 and till today, only one prosecution witness has been examined. Therefore, the applicant is entitled for bail.
Learned counsel for the N.C.B. has submitted that on the basis of informer, the officials of N.C.B. intercepted the applicant and the alleged contraband was recovered from the possession of applicant and the mandatory provisions of Section 50 N.D.P.S. Act was complied with and from the bag of applicant 9.9 Kg. Charas was recovered. She further submitted that the complaint was filed and court below has taken cognizance and the trial is going on. She further submitted that the trial may be expedited, but the applicant is not entitled for bail.
Considering the arguments of learned counsel for the applicant as well as learned counsel for the N.C.B. and going through the records, it is evident that the contraband was recovered from the possession of applicant and thereafter, complaint was filed and the court below has taken cognizance and the applicant is in jail since 19.08.2018.
Accordingly, the bail application is hereby rejected at this Stage.
Trial court is directed to conclude the trial expeditiously, within 6 months strictly in accordance with the provisions of Section 309 Cr.P.C. without giving any unnecessary adjournment to either of the parties, if any adjournment is given, then it may be subject to heavy cost. In case, the trial is not concluded within stipulated period, then it would be open to the applicant to more fresh application either before this Court or before the trial court.
Office is directed to communicate this order to the court below for its necessary compliance.
Order Date :- 11.1.2021 S. Shivhare