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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, J.
Gulzaar - Applicant
Versus
State of Uttarakhand - Respondent
Second Bail Application No. 41 of 2024
Decided On : 04-07-2024
BAIL - Narcotic Drugs and Psychotropic Substances Act - The court emphasized the necessity of a timely trial and the right to bail under Section 37 of the NDPS Act, concluding that prolonged custody without witness examination warranted the granting of bail.
Fact of the Case:
The applicant is in judicial custody under FIR No. 411 of 2022 for possession of charas in commercial quantity. This is the second bail application after the first was withdrawn. The charge sheet was submitted, and charges were framed, but no witnesses have been examined for over six months.
Finding of the Court:
The court acknowledged the prolonged custody of the applicant without witness examination and recognized the need for a timely trial, which influenced its decision to grant bail.
Issues: Whether the applicant is entitled to bail under the provisions of the Narcotic Drugs and Psychotropic Substances Act given the circumstances of the case.
Ratio Decidendi: The court interpreted Section 37 of the NDPS Act, which restricts bail in cases involving commercial quantities of narcotics, but also highlighted the necessity for a fair trial and timely proceedings, concluding that the applicant's continued detention without trial was unjustified.
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. 411 of 2022, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Raipur, District Dehradun. 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 First bail application was dismissed as withdrawn on 31.01.2024.
4. According to the FIR, charas in commercial quantity was allegedly recovered from the possession of the applicant on 01.10.2022.
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 10.03.2023; charge was framed on 25.07.2023. 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, 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.
8. The applicant is in custody for more than a year. For more than six months in between not even a single witness was examined.
9. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
10. The bail application is allowed.
11. Let the applicant be released on bail, on her executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.
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 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 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 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....
Point of Law : Grant of Bail - Object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail.
In cases involving commercial quantities of narcotics under the Narcotic Drugs and Psychotropic Substances Act, bail can only be granted if the court is convinced of the accused's non-guilt and that ....
The prosecution must provide clear and representative evidence that all recovered narcotic substances contain the narcotic in question to establish possession beyond reasonable doubt.
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