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(2024) Law Today Live Doc. Id. 19331
Decided on: 26.06.2024
Present:
Ms. Divya Jain, Advocate for the applicant.
Mr. Saurabh Kumar Pandey, Brief Holder for the State.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail – Commercial quantity – Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail -- But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial -- Applicant is in custody for more than a year -- In between, for more than six months, no progress was made in the case, the trial has yet not concluded -- Bail allowed.
(Para 5-8)
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RAVINDRA MAITHANI, J. (ORAL) –
Applicant is in judicial custody FIR/Case Crime No. 191 of 2021, under Section 8/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Sahaspur, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. Learned counsel for the applicant would submit that the applicant was arrested on 20.08.2021; chargesheet was submitted on 21.01.2022, but charges could be framed on 07.03.2022. It is submitted that so far, only four witnesses have been examined. It is submitted that PW1 was examined on 20.09.2022. PW2 was examined on 09.11.2022. PW3 was examined on 23.05.2023 and PW4 was examined on 23.04.2024. The applicant has never sought any adjournment in the case.
4. These factual aspects have not been denied by the learned State counsel.
5. It is a case pertaining to recovery of narcotic substances in commercial quantity and in such cases, Section 37 of the Act makes specific provisions. Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial.
6. The applicant is in custody for more than a year. In between, for more than six months, no progress was made in the case. The trial has yet not concluded. It commands the Court to release the applicant on bail.
7. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
8. The bail application is allowed.
9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.
Application allowed.
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