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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Jodhveer Singh - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2871 of 2022
Decided On : 02-01-2023
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Applicant Jodhveer Singh - Release on bail granted
Fact of the Case:
Applicant Jodhveer Singh sought release on bail in judicial custody under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in connection with FIR No.316 of 2022, where 10.150 Kg ganja was allegedly recovered from the applicant.
Finding of the Court:
The Court, after considering the arguments and perusing the record, found that the applicant's case was fit for bail and deserved to be enlarged on bail.
Issues: The issues involved the recovery of ganja from the applicant, the absence of previous conviction, and the quantity of the allegedly recovered substance.
Ratio Decidendi: The Court's decision was influenced by the absence of previous conviction, the allegedly recovered quantity being less than commercial, and the lack of independent witnesses.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.
JUDGMENT
Ravindra Maithani, J. - Applicant Jodhveer Singh is in judicial custody in FIR No.316 of 2022, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kunda, 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 08.12.2022, 10.150 Kg ganja was allegedly recovered from the applicant.
4. It is the case of the applicant that he is not a previous convict; there is no independent witness; the allegedly recovered quantity is less than commercial.
5. Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
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, each of the like amount, to the satisfaction of the court concerned.
The absence of previous conviction, the quantity of the recovered substance, and the presence of independent witnesses are crucial factors in determining bail under the Narcotic Drugs and Psychotropi....
The court established that in bail proceedings, the sufficiency of evidence and procedural integrity are critical factors in determining whether to grant bail, particularly in cases involving narcoti....
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 Psychotropic Substances Act.
The decision emphasized the importance of considering the entirety of facts and the lack of substantial evidence against the applicant in granting bail.
The court's decision was influenced by the consideration of the alleged recovered quantity, lack of previous conviction, and non-compliance of the provisions of the Narcotic Drugs and Psychotropic Su....
The court's decision was based on the assessment of the case as fit for bail, considering the lack of previous conviction and the arguments presented by the applicant.
The court established that the right to a timely trial is fundamental, and prolonged pre-trial detention without progress in the case can lead to the granting of bail, even in serious offenses under ....
The court established that prolonged detention without trial and lack of witness examination can justify the granting of bail, even in serious narcotic cases, under the provisions of the Narcotic Dru....
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