Shoaib And Another vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Shoaib and Sajia are in judicial custody FIR/Case Crime No. 292 of 2022, under Section 8/22/60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (“the Act”), Police Station Vanboolpura, District Nainital. They have sought their release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 08.09.2022, narcotic substances, in commercial quantity, were recovered from the possession of the applicants.

Learned counsel for the applicants has tendered for the perusal of the Court the ordersheet of the case. It is taken on record.

Learned counsel for the applicants would submit that in the instant case, after the arrest of the applicants on 08.09.2022, charge sheet was submitted on 19.12.2022; charges were framed on 25.03.2023; the examination in chief of PW1 was recorded on 15.09.2023, but, it was not concluded on that date and the prosecution sought adjournment. Thereafter, the PW1 has not been produced for his examination in chief.

These factual aspects have not been denied by the learned State Counsel.

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.

The applicants are in custody for more than a year. In between more than six months, even examination in chief of a witness has not been completely recorded.

Having considered the entirety of facts, this Court is of the view that the applicants deserve to be enlarged on bail.

The bail application is allowed.

Let the applicants be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Court concerned.