Criminal Procedure Code, 1973
Section 439—Bail—Dismissal of application by High Court—Appeal—FIR under Sections 8, 22 and 29 of the NDPS Act—Submission that out of seventeen witnesses, only one witness has been examined till date and there are no independent witnesses to the seizure—Having regard to the long period of incarceration undergone by appellant, the absence of any independent witness to the seizure and that pace of trial is rather slow, meaning thereby that the trial court would take some time to complete the trial, the appellant is ordered to be released on bail subject to such terms and conditions as may be imposed by the trial court—Appeal allowed.
[Paras 5 to 8]