FAISAL ASHRAF Vs. UT OF J & K

JUDGEMENT

(1.) The petitioner was found in possession of 600 grams of Charas by the Police and FIR No. 22 of 2020 was registered against him under Section 8/2020 of the NDPS Act (hereinafter referred to as the 'Act') of Police Station, Banihal on 13.02.2020. He is in custody ever since the date of his arrest and the bail application filed by him was dismissed by the trial court vide order dated 19.10.2020.

(2.) There is no dispute with regard to the fact that the accused is in custody since 13.02.2020, it is also not disputed that so far, the charges have not been framed against the accused although challan has been produced. It appears that delay in proceeding with the trial may have been due to Covid-19 Pandemic. The learned Special Judge has dismissed the Bail Application filed by the petitioner before the trial court vide order dated 19.10.2020. Whether the Covid Pandemic could have been a ground for not proceeding ahead with the trial is a matter which requires consideration. The trial could not be continued because the accused in such cases would be covered by section 20(b) (ii) (B) and could not have been denied bail when he is in custody for more than a year. Section 37 (2) of the Act provides that limitation and granting of bail as specified in clause (b) sub-section (1) are in addition to the limitation in Code of Criminal Procedure, 1973 but this is only with reference to the offences punishable under sections 19, 24 or 27 A.

(3.) The petitioner is not involved in any of these cases as the offences are alleged to have been committed by the petitioner as he was found in possession of contraband higher than smaller quantity but lesser than commercial quantity.