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(2021) Law Today Live Doc. Id. 16216
Decided on: 29.04.2021
Present:
Mr. Robin Lohan, Advocate for the petitioner.
Mr. Vishal Malik, DAG, Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 60, 85 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Recovery of 9.650 kg ganja -- Regular bail -- Recovery of non-commercial quantity of ganja has been effected from the petitioner, he is in custody for over 3 ½ months, he is not involved in any other case under the NDPS Act and the conclusion of the trial is likely to take some time, Court deem 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. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.06 dated 07.01.2021, under Sections 20, 60, 85 of the NDPS Act, registered at Police Station Bass, District Hansi.
3. Learned counsel for the petitioner contends that the alleged recovery of 9.650 kg ganja (non-commercial) was effected from the petitioner. He further contends that the petitioner is in custody for almost 4 months since his arrest on 07.01.2021. He is not involved in any other case under the NDPS Act.
4. Learned State counsel contends that charges have been framed but no prosecution witness has been examined.
5. Heard.
6. In view of the above, especially when recovery of non-commercial quantity of ganja has been effected from the petitioner, he is in custody for over 3 ½ months, he is not involved in any other case under the NDPS Act 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 instant 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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