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(2021) Law Today Live Doc. Id. 16325
Decided on: 13.07.2021
Present:
Mr. Rajesh Lamba, Advocate for the petitioner.
Mr. Vijesh Sharma, Addl. AG, Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Recovery of 21 kgs 500 grams of poppy husk from the petitioner and co-accused -- State contends that petitioner is also involved in several other cases under the NDPS Act -- Challan has been filed but no prosecution witness has been examined – Recovery is of non-commercial quantity, petitioner is in custody for over 05 months, Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deemed 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. Case taken up through video conferencing.
2. The petitioner is seeking regular bail in FIR No.21 dated 04.02.2021, under Section 15 of the NDPS Act, registered at Police Station Sadar Ratia, District Fatehabad.
3. Learned counsel for the petitioner contends that it is alleged that 21 kgs 500 grams of poppy husk (non-commercial) were allegedly recovered from the petitioner and co-accused Chhinda Singh. The petitioner is in custody for over 05 months.
4. Learned State counsel contends that the petitioner is also involved in several other cases under the NDPS Act. He upon instructions from ASI Jaspal Singh states that the challan has been filed but no prosecution witness has been examined.
5. Heard.
6. In view of the above, especially when the recovery is of non-commercial quantity, petitioner is in custody for over 05 months, Covid 19 pandemic 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 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.
8. However, the petitioner shall appear before the Police Station Sadar Ratia, District Fatehabad on every alternate Monday till the conclusion of the trial. He shall also furnish his mobile number to the SHO of the concerned police station and keep the location of his phone on.
Petition allowed.
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