The High Court allowed the bail application of Ganesh Adhikari charged under NDPS Act. Noting the applicant was in custody for over a year with no prosecution witnesses examined and trial delays, the Court granted bail despite Section 37 strictness.
Applicant released on bail on executing personal bond and furnishing two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 1308 of 2022
Ganesh Adhikari ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. Vikas Anand and Mr. Karan Singh Dugtal, Advocates for the applicant.
Mr. Amit Bhatt, Deputy Advocate General for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant Ganesh Adhikari in judicial custody in FIR No.89 of 2022, dated 14.03.2022, under Sections 8/20/29/60 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Ramnagar, District Nainital. He has sought his release on bail.
2
aspects.
3
that it is a case fit for bail and the applicant deserves to be enlarged on bail.
Sanjay
2 issues framed by the court
Whether bail should be granted to an accused in custody for over a year where no witness has been examined under Section 37 of NDPS Act.
Whether prolonged delay in trial justifies enlargement of a commercial quantity narcotic offender on bail.
1 provisions across 1 enactments
Ganesh Adhikari
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
