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(2020) Law Today Live Doc. Id. 15169 = 2020 L.A.R. (e-Suppl.) 437
Decided on: 29.07.2020
Present:
Mr. Parminder Singh Sekhon, Advocate for the petitioner.
Mr. Dhruv Dayal, Senior DAG, Punjab.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 21,22,29 – NDPS matter -- Possession of 4,000 tablets containing Clavidol (Tramadol) and 05 grams of heroin – Petitioner, who is a lady with two minor children, is in custody for over 11 months, she is not involved in any other case under the NDPS Act, Covid 19 pandemic and the conclusion of the trial is likely to take some time – Concession of regular bail granted to the petitioner.
(Para 2-7)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.120 dated 17.08.2019, under Sections 21, 22 and 29 of the NDPS Act, registered at Police Station City-I Sangrur, District Sangrur.
3. Learned counsel for the petitioner contends that the allegations against the petitioner are that she was found in possession of 4,000 tablets containing Clavidol (Tramadol) and 05 grams of heroin. The petitioner is a lady with two minor children. She is in custody for over 11 months. She is also suffering from Gynaecological problem and is not involved in any other case under the NDPS Act.
4. Learned State counsel has filed the medical report which indicates that the petitioner had been examined for the Gynaecological problem and her reports are normal. However, her haemoglobin level is 8.6 grams and it needs to be increased. He also filed the custody certificate which indicates that the petitioner is in custody for 11 months and 09 days. He upon instructions from Sub Inspector Amrik Singh states that although the challan has been filed but none of the prosecution witnesses has been examined as yet.
5. Heard through video conferencing.
6. In view of the submissions of learned counsel for the petitioner, especially when the petitioner, who is a lady with two minor children, is in custody for over 11 months, she is not involved in any other case under the NDPS Act, 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 her furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
Petition allowed.
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