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(2023) Law Today Live Doc. Id. 18274
Decided on: 11.07.2023
Present:
None for the parties.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail -- Recovery of 41.26 grms. of Heroin on secret information -- As per the pleadings it is a case of false implication and the petitioner was forcibly picked up in a private vehicle by Crime Branch and thereafter implicated in the present case – Recovery from the petitioner is of non-commercial quantity and he is in custody since 07.04.2023, challan stands presented qua the petitioner -- Conclusion of trial is likely to take time, no useful purpose would be served by depriving the personal liberty of the petitioner – Bail granted.
(Para 5)
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AVNEESH JHINGAN J. (ORAL) –
1. Lawyers are abstaining from work.
2. This petition is filed seeking regular bail in case of FIR No.164 dated 07.04.2023, under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1958 registered at Police Station Pinjore, District Panchkula.
3. As per the case set up by the prosecution, on 07.04.2023 petitioner-Mandeep Kumar was apprehended on the basis of secret information and 41.26 grms. of Heroin was recovered from his conscious possession. As per the pleadings it is a case of false implication and the petitioner was forcibly picked up in a private vehicle by Crime Branch, Panchkula and thereafter implicated in the present case.
4. From the perusal of the paper-book, it is evident that the recovery from the petitioner is of non-commercial quantity. He is in custody since 07.04.2023, challan stands presented qua the petitioner.
5. Without commenting on the merits of the case and considering that contraband recovered from the petitioner is of non-commercial quantity though the investigation is complete, conclusion of trial is likely to take time, no useful purpose would be served by depriving the personal liberty of the petitioner, petitioner is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
6. The petition is allowed.
7. It is further clarified that in case there being any factual error or substantial point to oppose the bail, State would be at liberty to move an application for recalling of this order.
8. Since the main case has been decided, the pending application(s), if any, is rendered infructuous.
Petition allowed.
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