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(2021) Law Today Live Doc. Id. 16278
Decided on: 28.06.2021
Present:
Mr.G.S. Verma, Advocate for the petitioner.
Mr. Dhruv Dayal, Senior DAG, Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 18, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Recovery of 1 kg of opium -- Petitioner, who is 21 years of age, is not involved in any other case under the NDPS Act and is in custody for almost 06 months -- Challan has been filed but no prosecution witness has been examined as yet -- Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.
(Para 2-6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Case taken up through video conferencing.
2. The petitioner is seeking regular bail in FIR No.90 dated 25.12.2020, under Sections 18, 61, 85 of the NDPS Act, registered at Police Station Maloud, District Khanna.
3. Learned counsel for the petitioner contends that the alleged recovery which has been effected from the petitioner is 1 kg of opium which is non-commercial quantity. The petitioner, who is 21 years of age, is not involved in any other case under the NDPS Act and is in custody for almost 06 months.
4. Learned State counsel upon instructions from ASI Sohan Singh states that the challan has been filed but no prosecution witness has been examined as yet.
5. Heard through video conferencing.
6. In view of the above, especially when the petitioner, who is 21 years of age, is in custody for almost 06 months, he is not involved in any other case under the NDPS Act, Covid 19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
7. Therefore, without expressing any opinion on the merits of the case, the petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
Petition allowed.
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