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RAVINDRA MAITHANI
Wakeel Ahmad – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Ravindra Maithani, J.) :
Applicant is in judicial custody in FIR No.303 of 2022, under Sections 8, 22 & 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Gadarpur, District U.S. Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. This is the second bail application of the applicant. The first bail application was dismissed in non prosecution on 05.07.2024.
4. Learned counsel for the applicant would submit that the charge sheet was submitted on 24.06.2023; charges were framed on 14.08.2023. But thereafter, till date, no witness has been examined. He would submit that applicant has not sought any adjournment.
5. These factual aspects have not been denied by the learned State counsel.
6. It is a case pertaining to recovery of commercial quantity of the narcotic substance 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
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 ....
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 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 right to a timely trial and the conditions under which bail may be granted under the NDPS Act, emphasizing that prolonged detention without trial can lead to the granting of bail.
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 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 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 the right to a timely trial is fundamental, and prolonged detention without trial can warrant the granting of bail, even in serious narcotic cases under Section 37 of the A....
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