9911796707
TMI Blog2022 (11) TMI 1457X X X X Extracts X X X X X X X X Extracts X X X X ..... oner was apprehended in conscious possession of 500 kilograms of poppy husk without any licence. Reply by way of affidavit of Deputy Superintendent of Police, Tohana, District Fatehabad has been filed on behalf of the State, which is taken on record and the said fact that the petitioner being behind the bars since 30th of November, 2019 is not in dispute. As per prosecution, Challan was presented on 30th of May, 2020 and the charges were framed on 28th of April, 2021. Since then the trial has not proceeded qua the petitioner. Ld. Counsel for the petitioner thus submits that the Challan having been presented and there being no other case under the provisions of NDPS Act against the petitioner. There are 18 cited witnesses and none of them ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anted relief of regular bail on the basis of custody dehors Section 37 of the NDPS Act. He also relies upon judgment of the Supreme Court in Sujit Tiwari vs. State of Gujarat and another, reported as (2020) 13 SCC 447 wherein Apex Court found that a person in custody for more than 2 years was entitled to bail. 4. Mr. Jain appearing for the State does not dispute the factual assertions made by counsel for the petitioner based on record however he submits that the trial could not proceed for the reason some of the co-accused (Dharambir) could not be arrested till date and further supplementary Challan was required to be filed qua co-accused Tony alias Richpal and the same was filed only on 20th of July, 2022. 5. I have heard Ld. Counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail having been rejected, the instant appeal has been filed. We have heard Mr. Ashok Kumar Panda, learned Senior Advocate in support of the appeal and Mr. Sanjay Jain, learned. Additional Solicitor General for the respondent. Considering the facts and circumstances on record and the length of custody undergone by the appellant, in our view the case for bail is made out." 9. The Supreme Court in Chitta Biswas @ Subhas's case (supra) ordered as under:- "The instant matter arises out of application preferred by the appellant under Section 439 Cr.P.C. seeking bail in connection with Criminal Case No. 146 of 2018 registered with Taherpur Police Station for offence punishable under Section 21-C of the Narcotic Drugs and Psychotropic S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that he has spent about two years in custody and conclusion of trial will take some time. Consequently, without expressing any views on the merits of the case and taking into consideration the custody period of the petitioner, this special leave petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing the bail bonds to the satisfaction of the Special Judge/concerned Trial Court. " 11. Division Bench of this Court in Bhupender Singh vs. Narcotic Control Bureau, (2022) 2 RCR (Criminal) 706 after considering issue with respect to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and the rigors enumerated under Section 37 of the Act held that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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