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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Pooran Singh - Applicant
Versus
State of Uttarakhand - Respondent
First Bail Application No.896 of 2023
Decided On : 14-08-2024
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT - The court emphasized the provisions of Section 37 of the NDPS Act, which restricts bail in cases involving commercial quantities of narcotics unless the court is satisfied of the accused's innocence and lack of risk of reoffending. The court noted the prolonged custody without witness examination, leading to the decision to grant bail.
Fact of the Case:
The applicant was in judicial custody under FIR No. 32 of 2023 for the alleged recovery of commercial quantity of charas on 05.03.2023.
Finding of the Court:
The court acknowledged the lengthy period of custody without any witness examination and recognized the applicant's right to a timely trial.
Issues: Whether the applicant is entitled to bail under the provisions of the NDPS Act given the circumstances of prolonged custody and lack of witness examination.
Ratio Decidendi: The court interpreted Section 37 of the NDPS Act, which allows for bail only if there are reasonable grounds for believing the accused is not guilty and not likely to commit further offenses, but also emphasized the necessity of a timely trial.
Result: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and providing two reliable sureties.
JUDGMENT :
Ravindra Maithani, J.
Applicant is in judicial custody in FIR No. 32 of 2023, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kathgodam, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, charas in commercial quantity was allegedly recovered from the possession of the applicant on 05.03.2023.
4. Learned counsel for the applicant would submit that after his arrest, the applicant is in jail for a long; charge sheet was submitted on 26.07.2023; charge was framed on 27.10.2023;. But thereafter, no witness has been examined.
5. Learned State counsel admits these facts.
6. It is a case of recovery of commercial quantity of charas 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.
7. The applicant is in custody for more than a year. For more than six months in between not even a single witness was examined.
8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
9. The bail application is allowed.
10. 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.
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