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2024 DIGILAW 140 (UTT)

Sandeep v. State of Uttarakhand

2024-02-28

RAVINDRA MAITHANI

body2024
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 bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial. 7. The applicant is in custody for more than one and a half years. For more than a year, no progress has been done and not even a single witness has been examined. 8. Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail. 9. The bail application is allowed. 10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.