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(2020) Law Today Live Doc. Id. 15234 = 2020 L.A.R. (e-Suppl.) 745
Decided on: 13.08.2020
(Heard through VC)
Present:
Mr. J.K. Singla, Advocate for the petitioner.
Mr. Hittan Nehra, Addl.A.G., Punjab.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Sections 22, 25, 37 – Commercial quantity -- Recovery of 400 strips of TREDOL-100 – Petitioner in custody since 03.07.2019 – Out of 12 witnesses, only 3 witnesses have been examined till date – Bail opposed on the ground that recovery from the petitioner is commercial in quantity and as per Section 37 of the NDPS Act, he is not entitled for concession of bail – Held, trial will take some time for its conclusion, there is no need to detain the petitioner any longer -- Petition allowed, petitioner is ordered to be enlarged on bail. Judgment dated 10.08.2020 passed in CRM-M-12541-2020 titled as Lakhwinder Singh @ Lakha V/s. State of Punjab relied.
(Para 4, 5)
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RITU BAHRI, J. (ORAL) –
1. This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No. 46 dated 03.07.2019 registered under Sections 22 and 25 of NDPS Act, 1985 at Police Station Jaurkian, District Mansa.
2. Learned counsel for the petitioner submits that the recovery of 400 strips of TREDOL-100 was effected from the petitioner. He is in custody since 03.07.2019 and he should be released on regular bail keeping in view that the trial is not likely to conclude in near future.
3. Learned counsel for the State, on instructions from SI Nazar Singh, informs that out of 12 witnesses, only 3 witnesses have been examined till date. He is opposing grant of regular bail on the ground that recovery from the petitioner is commercial in quantity and as per Section 37 of the NDPS Act, he is not entitled for concession of bail.
4. Learned counsel for the petitioner has further referred to judgment passed by this Court in CRM-M-12541-2020 titled as Lakhwinder Singh @ Lakha V/s. State of Punjab decided on 10.08.2020 = Law Today Live Doc. Id. 15227 whereby the Court has granted regular bail in similar circumstances keeping in view period of incarceration and prevailing situation of COVID-19 pandemic
5. Keeping in view the submissions made by learned counsel for the petitioner, judgment dated 10.08.2020 and that the trial will take some time for its conclusion, this Court feels that there is no need to detain the petitioner any longer. Accordingly, this petition is allowed and the petitioner is ordered to be enlarged on bail to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate.
6. However a direction is being given to the State that if the petitioner is found indulging in any other NDPS Act irrespective of commercial or non-commercial quantity, application for cancellation of bail be moved immediately.
Petition allowed.
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