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(2021) Law Today Live Doc. Id. 16305
Decided on: 07.07.2021
Present:
Mr. Paramjit Singh Jammu, Advocate for the petitioner.
Mr. Vijesh Sharma, Addl. AG, Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 (C), 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Commercial quantity -- Recovery of 600 capsules of Tramadol -- Petitioner was driving the motorcycle while the co-accused was pillion riding -- Polythene bag was in the hands of the co-accused from which total 600 capsules of Tramadol with a total weight of 387.6 grams were recovered – Contention that if the recovery is divided between the accused, it will fall below the commercial quantity – Petitioner is in custody for over 9 months, is not involved in any other case under the NDPS Act, the 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. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.444 dated 01.10.2020, under Section 22 (C) of the NDPS Act, 1985, registered at Police Station Rania, District Sirsa.
3. Learned counsel for the petitioner contends that it is alleged that the petitioner was driving the motorcycle while the co-accused Sidhu Singh was pillion riding. On being signalled to stop, the occupants fell from the motorcycle and a polythene bag which was in the hands of the co-accused also fell down from which total 600 capsules of Tramadol with a total weight of 387.6 grams were allegedly recovered. He also contends that if the recovery is divided between the accused, it will fall below the commercial quantity. The petitioner is not involved in any other case under the NDPS Act. He is in custody for over 9 months.
4. Learned State counsel, upon instructions from ESI Kheta Ram, contends that challan has been filed but no prosecution witness has been examined.
5. Heard.
6. In view of the above, especially when the petitioner is in custody for over 9 months, he is not involved in any other case under the NDPS Act, the 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 instant 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.
Petition allowed.
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