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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Shanu @ Raja @ Langda - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2825 of 2022
Decided On : 23-12-2022
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail Application - Enlargement on Bail
Fact of the Case:
The applicant sought release on bail in a case involving recovery of narcotic substances and the revelation of his involvement by a co-accused.
Finding of the Court:
The Court, after considering the entirety of facts, concluded that the applicant deserves to be enlarged on bail.
Issues: The main issue was the applicant's eligibility for bail based on the evidence against him.
Ratio Decidendi: The Court found that apart from the co-accused's statement, there was no other material against the applicant, leading to the decision to grant bail.
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 Shanu @ Raja @ Langda is in judicial custody in FIR No. 286 of 2022, under Section 8/22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Banbhulpura, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the case, on 02.09.2022, Narcotic substances in commercial quantity in the form of various injections was recovered from co-accused Roshan. It is the prosecution case that the co-accused revealed the name of the applicant, who happened to be her son, as the person, who get her available those narcotic substances injections.
4. Learned counsel for the applicant would submit that except the statement, there is no other material against the applicant, which makes out a case for bail..
5. Learned State counsel was given time to get instructions as to what is the material available against the applicant?
6. Learned State counsel would submit that co-accused has named the applicant.
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.
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 established that while Section 37 of the Narcotic Drugs & Psychotropic Substances Act imposes strict conditions for bail, the right to a timely trial is paramount, and undue delay in procee....
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....
The court has the discretion to grant bail after considering the circumstances and arguments presented by both parties.
Possession of less than commercial quantity of narcotics can be a factor in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985.
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 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's discretion in granting bail under the Narcotic Drugs and Psychotropic Substances Act, 1985, based on the circumstances of the case.
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.
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