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RAVINDRA MAITHANI
Sukhvindar Singh Alias Chindar Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Sukhvindar Singh alias Chindar Singh is in judicial custody in FIR No.124 of 2022, under Sections 8/20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'), Police Station Pulbhatta, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 23.08.2022, Charas in commercial quantity was recovered from the co-accused. During investigation, it was revealed that, in fact, the co-accused revealed the name of the applicant as a person, from whom, they purchased the Charas.
4. It is argued that the co-accused from whose possession the contraband was recovered had already been granted bail; the applicant has been named based on the statement of the co-accused; there is no other material.
5. These factual aspects are not disputed by the State counsel.
6. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7. The bail application is allowed.
8. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, ea
The court established that prolonged custody without trial and lack of witness examination can warrant the granting of bail, even in cases involving serious charges under the NDPS Act.
The court established that prolonged detention without trial and lack of witness examination can justify the granting of bail, even in cases involving serious charges under the Narcotic Drugs and Psy....
The decision emphasized the importance of considering the entirety of facts and the lack of substantial evidence against the applicant in granting bail.
The decision emphasized the importance of material evidence and lack of disputed factual aspects in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985.
In cases involving commercial quantities of narcotics under the Narcotic Drugs and Psychotropic Substances Act, bail can only be granted if the court is convinced of the accused's non-guilt and that ....
The absence of 'commercial quantity' in drug possession negates the application of Section 37 of the NDPS Act, allowing for bail and preserving the presumption of innocence.
Prolonged incarceration may override the statutory embargo created under Section 37 of the NDPS Act, leading to the grant of bail in certain cases.
The court ruled that the applicant is entitled to bail as the quantity of contraband does not meet the commercial threshold, and pre-trial punishment is prohibited.
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