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(2022) Law Today Live Doc. Id. 16552
Decided on: 28.01.2022
Present:
Mr. Amit Arora, Advocate for the petitioner.
Mr. A.S. Gill, Sr. DAG Punjab.
(Heard through VC)
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21(C) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – FSL report awaited – Interim bail -- In view of the judgment rendered in Inderjeet Singh @ Laddi case 2014(3) RCR (Criminal) 953 and that the petitioner herein has been in custody since 17.09.2021 and that FSL report is still awaited and the trial will commence only after receipt of the FSL report, no useful purpose would be served in keeping the petitioner behind bars -- At this stage, without commenting on the merits of the case, petition is disposed of and the petitioner is directed to be released on interim regular bail.
(Para 5, 6)
Cases referred:
1. Inderjeet Singh @ Laddi and others vs. State of Punjab, 2014(3) RCR (Criminal) 953.
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JAISHREE THAKUR, J. (ORAL) –
1. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.123 dated 17.09.2021, under Section 21(c) of NDPS Act, registered at Police Station Jhabal, District Tarn Taran.
2. Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 17.09.2021. It is submitted that the petitioner has been falsely implicated in the present case. It is also contended that FSL report is still awaited and till such time the FSL report is not being received, the petitioner is entitled to be enlarged on interim bail. In support of his arguments, counsel for the petitioner relies upon judgment rendered in Inderjeet Singh @ Laddi and others vs. State of Punjab, 2014(3) RCR (Criminal) 953.
3. Per contra, learned counsel appearing on behalf of respondent-State, on instructions from the Investigating Officer, opposes the grant of regular bail to the petitioner, however, does not dispute the fact that FSL report is still awaited.
4. I have heard learned counsel for the parties.
5. In view of the judgment rendered in Inderjeet Singh @ Laddi and others vs. State of Punjab (supra) and that the petitioner herein has been in custody since 17.09.2021 and that FSL report is still awaited and the trial will commence only after receipt of the FSL report, no useful purpose would be served in keeping the petitioner behind bars. At this stage, without commenting on the merits of the case, the instant petition is disposed of and the petitioner is directed to be released on interim regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate, till the FSL report is received. The petitioner shall submit an undertaking before the trial court/Duty Magistrate along with his bail/surety bonds that he will surrender before the trial court on receiving the FSL report.
6. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of interim bail, in any manner.
Petition allowed.
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