Rafad vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Rafad is in judicial custody in FIR No. 327 of 2021, under Section 8 & 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Banbhulpura, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, narcotic substance in commercial quantity was allegedly recovered from the possession of the applicant on 21.01.2022.

It is argued that the applicant is in jail since 21.09.2021; charge sheet was submitted on 16.03.2022; charges were framed on 23.04.2022; PW1 was examined on 08.12.2022; PW2 was examined on 16.03.2023; PW3 was examined on 04.09.2023; but thereafter, till date, no witness has been examined. It is also argued that the applicant has not sought any adjournment.

Learned State counsel admits these facts.

It is a case of recovery of commercial quantity of narcotic substance 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 entirety of facts, this Court is of the view that 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.