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RAVINDRA MAITHANI
Ameer Ahmad @ Sehanshah Mama – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Applicant is in judicial custody in FIR No. 339 of 2022, under Section 8/20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station I.T.I., District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. This is second bail application of the applicant. First bail application was rejected on 27.12.2023 on merits.
4. According to the FIR, charas in commercial quantity was allegedly recovered from the possession of the applicant on 20.11.2022.
5. Learned counsel for the applicant would submit that after his arrest, the applicant is in jail for a long; charge sheet was submitted in the case on 01.05.2023; charge was framed on 17.05.2023; PW1 was examined on 19.08.2023, PW2 was examined on 09.10.2023 and PW3 was examined on 29.11.2023 But since then, no witness has been examined. It is also submitted that the applicant has not sought any adjournment.
6. Learned State counsel admits these facts.
7. 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, un
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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 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....
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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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