IAIPHIRA KHARHUNAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. M.F. Qureshi, learned counsel for the petitioner, who has submitted that this is an application under Sec. 439 Cr.P.C for grant of bail in favour of the accused person Shri. Marwin Jyrwa, who was arrested in connection with Crl. (NDPS) Case No. 9 of 2022 pending before the Court of the learned Special Judge (NDPS), East Jaintia Hills District, Khliehriat.

(2.) The only ground raised by the learned counsel for the petitioner is that the accused in question is in custody for almost 2 years and the trial has not proceeded expeditiously with only four out of twelve witnesses being examined. On this sole ground, the learned counsel has submitted that the accused may be enlarged on bail.

(3.) Per contra, Mrs. N.G. Shylla, learned senior GA appearing for the State respondents has submitted that this is a serious matter involving the provisions of the NDPS Act, 1985 and taking into account Sec. 37 of the said Act, the petitioner or rather the accused in question has not been able to convince this Court as to whether the embargo present in Sec. 37 has been overcome, that is, whether there is any proof that the accused person in question is not guilty of the alleged offence.