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RAVINDRA MAITHANI
Gulzaar – Appellant
Versus
State of Uttarakhand – Respondent
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 First bail application was dismissed as withdrawn on 31.01.2024.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
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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