LALAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is second attempt by the petitioner seeking bail in Herhanj P.S. Case No. 12 of 2017, corresponding to N.D.P.S. Case No. 14 of 2014 which was registered for the offences u/s 18(c) r/w 28 of the NDPS Act; B.A. No.4230 of 2017 filed by the petitioner stood dismissed as withdrawn on 13.07.2017.

(2.) Mr. A.K. Sahani, the learned counsel for the petitioner submits that on 05.07.2018 charges against the accused-petitioner have been framed and thereafter during the trial on as many as 6 dates the prosecution has failed to produce any witness. Contention raised on behalf of the petitioner is that delay, which is solely attributable to the prosecution in conclusion of the trial, entitles the petitioner for grant of bail in the present case.

(3.) The petitioner is in custody since 30.03.2017. Besides the conditions under section 437 of the Code of Criminal Procedure, section 37 of the NDPS Act, 1985 puts additional embargo on grant of bail to a person who is accused of committing an offence under the NDPS Act. Not only a prima-facie case has been found against the petitioner on account of which charges have been framed against him, there is no material on record on the basis of which the court can record a prima-facie finding that the accused-petitioner is not guilty of the offence alleged against him; this is one of the conditions under section 37 of the NDPS Act, 1985 for grant of bail.