In a third bail application under the NDPS Act, the High Court allowed the release of the applicant who was in judicial custody for over a year due to significant delays in framing charges and trial, despite the act's stringent bail provisions.
Release on bail by executing a personal bond and furnishing two reliable sureties of equal amount.
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 Third Bail Application No. 7 of 2023
Sonu Saini ….....Applicant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. M.S. Pal, Senior Advocate assisted by Ms, Sheetal Selwal, Advocate for the applicant.
Mr. K.S. Bora, D.A.G. for the State.
Hon’ble Ravindra Maithani, J. (Oral)
Applicant- Sonu Saini is in judicial custody in FIR No.48 of 2021, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station- Shyampur, District- Haridwar. He has sought his release on bail.
2
aspects.
3
(Ravindra Maithani, J) 04.12.2023
Ravi Bisht
2 issues framed by the court
Whether bail should be granted in an NDPS case involving commercial quantity of smack where the accused is in custody for more than a year due to delayed framing of charges.
Whether the prolonged delay in completing the pre-trial process justifies granting bail despite the strict bail provisions of the NDPS Act.
1 provisions across 1 enactments
Sonu Saini
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
