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RAVINDRA MAITHANI
Sandeep – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Applicant Sandeep is in judicial custody FIR/Case Crime No. 455 of 2022, under Section 8/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Rudrapur, District Udham Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. According to the case, on 14.07.2022, narcotic substances in commercial quantity was recovered from the possession of the applicant.
4. Learned counsel for the applicant would submit that the applicant was arrested on 14.07.2022; charge sheet was filed in the matter on 12.01.2023, but charges could be framed on 10.05.2023. It is submitted that no witness has yet been examined.
5. These factual aspects have not been denied by the learned State counsel.
6. It is a case pertaining to recovery of narcotic substances in commercial quantity 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 b
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 ....
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....
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 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 detention without trial can warrant the granting of bail, even in serious narcotic cases under Section 37 of the A....
The decision emphasized the importance of considering the entirety of facts and the lack of substantial evidence against the applicant in granting bail.
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