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(2020) Law Today Live Doc. Id. 15264 = 2020 L.A.R. (e-Suppl.) 812
Decided on: 21.08.2020
Present:
Mr. Vansh Malhotra, Advocate for the petitioner.
Ms. Gaganpreet Kaur, AAG, Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20(B)(II) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS matter – Regular bail -- Recovery of 1 kg and 600 grams of Ganja Phul Patti, which is marginally higher than the small quantity -- No other case pending against the petitioner under the NDPS Act -- Considering the fact that the petitioner is in custody since 14.06.2020 and the trial in the case is not likely to be concluded in near future, court deemed appropriate to release the petitioner on regular bail -- Petition allowed.
(Para 3,4)
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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. The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.166 dated 14.06.2020 under Sections 20(B)(II) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) registered at Police Station Kaithal Sadar, District Kaithal.
3. Learned counsel for the petitioner submits that the alleged recovery made from the petitioner is 1 kg and 600 grams of Ganja Phul Patti, which is marginally higher than the small quantity. There is no other case against the petitioner, but he is in custody since 14.06.2020.
4. Learned State counsel is fair enough to submit that there is no other case against the petitioner. She, on instructions from SI Ashok, does not dispute the custody of the petitioner.
5. I have heard learned counsel for the parties.
6. The alleged recovery made from the petitioner is 1 kg and 600 grams of Ganja Phul Patti, which is marginally higher than the small quantity and there is no other case pending against the petitioner under the NDPS Act. Considering the fact that the petitioner is in custody since 14.06.2020 and the trial in the case is not likely to be concluded in near future, this Court deems it appropriate to release the petitioner on regular bail.
7. Accordingly, the present petition is allowed and the petitioner is admitted on regular bail, subject to furnishing of his bail bonds/surety bonds to the satisfaction of trial Court/Duty Magistrate.
Petition allowed.
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