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(2021) Law Today Live Doc. Id. 16211
Decided on: 29.04.2021
Present:
Mr. Kanhiya Soni, Advocate for the petitioner.
Mr. Vishal Malik, DAG, Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167 -- NDPS case – Default bail -- FIR was registered on 17.11.2020 and the FSL report has not yet been received -- Petition allowed, petitioner shall be released on interim bail, however order shall remain in operation only till the receipt of FSL report.
(Para 2, 6)
Cases referred:
1. Inderjeet Singh @ Laddi and others Vs. State of Punjab, 2014 (3) R.C.R. (Criminal) 953.
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.271 dated 17.11.2020, under Section 22 of the NDPS Act, registered at Police Station PGIMS, Rohtak.
3. Learned counsel for the petitioner contends that the petitioner was arrested on 17.11.2020 but the FSL report has not been received. It is alleged that the petitioner was carrying bottles of cough syrup. He contends that the petitioner would be entitled to interim bail in terms of the judgment of the Division Bench of this Court in the case of Inderjeet Singh @ Laddi and others Vs. State of Punjab reported as 2014 (3) R.C.R. (Criminal) 953.
4. Learned State counsel, upon instructions from SI Ramesh Kumar, contends that the FSL report is awaited.
5. Heard.
6. The FIR was registered on 17.11.2020 and the FSL report has not yet been received. Therefore, in view of the law laid down by the Division Bench of this Court in the case of Inderjeet Singh @ Laddi and others Vs. State of Punjab (supra), the petitioner would be entitled to interim bail.
7. Consequently, the petition is allowed. The petitioner shall be released on interim bail on his furnishing bonds to the satisfaction of trial Court /Duty Magistrate concerned.
8. However, this order shall remain in operation only till the receipt of FSL report. The petitioner shall file an undertaking before the trial Court that on receipt of the report of the chemical examiner, he shall surrender before the trial Court for further proceedings.
Petition allowed.
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