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RAVINDRA MAITHANI
Lokesh Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :’
(Ravindra Maithani, J.) :
Applicant Lokesh Kumar is in judicial custody FIR/Case Crime No. 0061 of 2020, under Section 8/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Clementown, District Dehradun. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. This is the third bail application. The first bail application, being BA1 No.2247 of 2020, was dismissed on 17.08.2021. The second bail application, being BA2 No.4 of 2022, was also dismissed on 12.04.2022.
4. According to the case, on 18.09.2020, narcotic substances in commercial quantity was recovered from the possession of the applicant.
5. Learned counsel for the applicant would submit that the applicant was arrested on 18.09.2020; cognizance was taken on 18.03.2021, but charges could be framed on 08.10.2021. It is submitted that so far, only four witnesses have been examined. It is submitted that PW1 was examined on 21.11.2022; PW2 was examined on 24.07.2023; PW3 was examined on 22.09.2023 and PW4 was examined on 06.11.2023.
6. These factual aspects have not been denied by the learned State counsel.
7. It is a case pertaining to
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....
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 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 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 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.
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