HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.1040 of 2023 Shiva Kumar ….....Applicant Versus Narcotic Control Bureau, Dehradun ….….Respondent Present:-

Mr. Abhishek Verma, Advocate for the applicant.

Mr. Shobhit Saharia, Advocate for the NCB.

Hon’ble Ravindra Maithani, J. (Oral)

Applicant is in judicial custody in NCB Crime No.

iii/N.C.B./Dehradun/seez/5/22 under Section 8/22 (c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station N.C.B. Dehradun, District Dehradun. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the complaint of NCB, narcotic substance in commercial quantity was recovered from the room of the applicant on 26.09.2022.

4. Learned counsel for the applicant would submit that the applicant is in custody since the day of his arrest; co-accused have not been appearing in the trial, therefore, processes were issued against him for no fault of the applicant; charges were framed on 24.01.2024; witnesses were not examined; the applicant on 15.05.2024 filed an application for separation of his trial, but still it has not been decided. Thereafter also, adjournments were s