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(2021) Law Today Live Doc. Id. 16294
Decided on: 05.07.2021
Present:
Mr. D.S. Pheruman, Advocate for the petitioner.
Mr. Sarabjit Singh Cheema, AAG, Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21C – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Challan without FSL – Interim bail -- Keeping in view the ratio of Inderjeet Singh @ Laddi’s case 2014(3) RCR (Criminal) 953, petitioner ordered to be released on interim bail -- Interim bail will come to an end automatically, the moment report of FSL is received in the trial Court and he would be liable to surrender before learned trial Court forthwith.
(Para 1-5)
Cases referred:
1. Inderjeet Singh @ Laddi and others Versus State of Punjab, 2014(3) RCR (Criminal) 953.
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HARINDER SINGH SIDHU, J. –
1. Present petition has been filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.) for grant of concession of regular bail to the petitioner in case FIR No.17 dated 01.03.2021 under Section 21C of the Narcotic Drugs and Psychotropic Substance Act, 1985 registered at Police Station Khalra, District Tarn Taran.
2. Learned counsel for the petitioner submits that instead of pressing the petition for regular bail, pending the trial, the petitioner may be granted the concession of interim bail till the receipt of the FSL report which has not been received till date.
3. The factum of non-receipt of FSL report is duly acknowledged by learned State counsel.
4. Learned counsel for the petitioner has cited the Division Bench judgment of this Court i.e. Inderjeet Singh @ Laddi and others Versus State of Punjab, 2014(3) RCR (Criminal) 953 in support of his contention that in such an eventuality interim bail is to be granted to the accused.
5. Under the above circumstances and keeping in view the ratio of above judgment (supra), the petition is disposed off with a direction that the petitioner be released on interim bail, subject to the satisfaction of learned trial Court/Duty Magistrate concerned. It is clarified that the interim bail will come to an end automatically, the moment report of FSL is received in the trial Court and he would be liable to surrender before learned trial Court forthwith.
6. Petition is disposed off in the above terms.
Petition allowed.
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