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Judgment
17 paragraphs · 289 wordsRavindra Maithani, J
Applicant is in judicial custody in Case Crime/FIR No. 146 of 2023, under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act,
1985 (“the Actâ€), Police Station Sitarganj, District Udham Singh Nagar. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 16.05.2023, narcotic substance in commercial quantity was allegedly recovered from the applicant.
It is argued that cognizance in the matter was taken on 09.11.2023; charge was framed on 12.12.2023; PW1 was examined on 18.09.2024,
thereafter, not even a single witness has been examined.
It is a case of recovery of narcotic substance 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.
The applicant is in custody for more than a year. For more than six months in between not even a single witness was examined.
Having considered the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be
enlarged on bail.
The bail application is allowed.
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.