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(2020) Law Today Live Doc. Id. 15530 = 2020 L.A.R. (e-Suppl.) 1502
Decided on: 27.10.2020
(Through Video Conferencing)
Present:
Mr. Rajvir Singh, Advocate, for the petitioner.
Mr. Hittan Nehra, Additional Advocate General, Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 22, 25, 61, 85 29 -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- State submitted that number of cases are pending against the petitioner – Held, recovery in the present case was only 50 grams of intoxicant powder (heroin), which is stated to be non-commercial -- Petitioner is in custody for the last one year – Petition for regular bail allowed.
(Para 1-4)
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NIRMALJIT KAUR, J. (ORAL) –
1. The present petition is filed under Section 439 Cr.P.C. seeking grant of regular bail in FIR No.56 dated 28.9.2019 registered under Sections 21, 22, 25, 61, 85 of NDPS Act, 1985 and Section 29 of NDPS Act, 1985 added later on and Section 25 of Arms Act, 1959, Police Station Sadar Kurali,, SAS Nagar, Mohali.
2. Learned State counsel while opposing the bail application submitted that number of cases are pending against the petitioner.
3. Recovery in the present case was only 50 grams of intoxicant powder (heroin), which is stated to be non-commercial. The petitioner is in custody for the last one year.
4. In view of the facts and circumstances of the case, the present petition is allowed and the petitioner is released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate.
Petition allowed.
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