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(2020) Law Today Live Doc. Id. 15568 = 2020 L.A.R. (e-Suppl.) 1590
Decided on: 27.10.2020
Present:
Mr. IPS Kohli, Advocate, for the petitioner.
Mr. Bhupender Beniwal, A.A.G., Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Recovery of 500 grams of Heroin -- Petitioner in custody for 01 year, 09 months and 20 days – Two more cases registered against him, but petitioner is on bail – As against total 10 witnesses only 01 witness has been examined -- Trial is not likely to be concluded in the near future -- Court deemed it appropriate to admit the petitioner on bail.
(Para 7)
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HARI PAL VERMA, J. (ORAL) –
1. The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.
2. Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.161 dated 28.07.2019 under Sections 21/29 of the NDPS Act, registered at Police Station Sultanpur Lodhi, District Kapurthala.
3. As per FIR, the alleged recovery is of 500 grams of Heroin.
4. Learned counsel for the petitioner submits that the petitioner is in custody since 28.07.2019. He further submits that as against total 10 witnesses cited by the prosecution, only 01 witness has been examined in the case. In this manner, trial is not likely to be concluded in the near future.
5. Learned State Counsel has submitted that the petitioner is found involved in two more cases under the NDPS Act. In one case, the alleged recovery is of 1 kg. poppy husk and in the second case, recovery is of 3 gm Heroin, but petitioner is on bail in those cases.
6. Heard learned counsel for the parties.
7. Petitioner is in custody since 28.07.2019 (i.e. for about 01 year, 09 months and 20 days). The alleged recovery is 500 grams of Heroin from the pocket of the petitioner. Though, there are two more cases registered against him, but petitioner is on bail in those cases. Moreover, as against total 10 witnesses cited by the prosecution, only 01 witness has been examined in the case. In this manner, trial is not likely to be concluded in the near future. Thus, this Court deems it appropriate to admit the petitioner on bail.
8. Accordingly, the present petition is allowed and the petitioner is admitted on regular bail, subject to his furnishing adequate bail bonds/ surety bonds to the satisfaction of trial Court/Duty Magistrate.
9. The observations made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall proceed with the trial independently without being influenced by the order of bail passed by this Court.
10. However, it is made clear that, in case, petitioner is found indulged in any other case under the NDPS Act, the prosecution shall be at liberty to seek cancellation of bail in the present case as well.
Petition allowed.
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