CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present applicant is seeking bail in relation to Case Crime No. 734 of 2022 for the offence punishable under Sec. 8/20/60 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), Police Station -Kashipur, District Udham Singh Nagar.

(2.) It is submitted by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is alleged that applicant was selling the prohibited drugs (injections and pills), which according to the prosecution, was of commercial quantity.

(3.) It is submitted by the learned counsel for the applicant that present applicant is languishing in jail since 13/12/2022 and on 13/6/2023, charges were framed and there are total ten witnesses and uptill now, not a single witness has been examined. She further submits that apart from this case, applicant has been implicated only in one criminal case for the offences punishable under Sec. 147, 323, 504, 506 IPC but no FIR for the offence punishable under Sec. of the NDPS Act is registered against him. She further submits that applicant is seeking bail on the ground that applicant is in incarceration and till date, no witness has been examined and there is no compliance of Sec. 100 (4) Cr.P.C., and further there is no public witness and there is no compliance of Sec. 50 NDPS Act and there is no possibility of trial to be concluded within a short period of time.