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(2020) Law Today Live Doc. Id. 15360 = 2020 L.A.R. (e-Suppl.) 1030
Decided on: 07.09.2020
Present: Mr. Arshdeep Singh Brar, Advocate for the petitioner.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS matter -- Commercial quantity – Regular bail -- 650 tablets of Clovidol-100SR recovered – Charge has been framed but no witness has been examined -- Considering the quantity of contraband recovered being marginally above the commercial quantity and conclusion of the trial is likely to take long time, without any expression of opinion on the merits of the case, petitioner ordered to be released on regular bail.
(Para 2-6)
Cases referred:
1. Manju vs. State of Punjab, 2015 (9) RCR (Criminal) 41.
2. Pargat Singh vs. State of Punjab, 2018 (2) Law Herald 1058.
3. Karambir vs. State of Haryana 2020 (1) RCR (Criminal) 766.
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ARCHANA PURI, J. (ORAL) –
1. The matter has been taken up through video conferencing in the light of COVID-19 pandemic.
2. As per the version of the prosecution, 650 tablets of Clovidol-100SR were recovered from the possession of the petitioner on 13.07.2019.
3. Learned counsel for the petitioner states that the extent of recovery so effected is marginally above the commercial quantity. To so strength his claim for bail, learned counsel for the petitioner has placed reliance upon Manju vs. State of Punjab, 2015 (9) RCR (Criminal) 41, Pargat Singh vs. State of Punjab, 2018 (2) Law Herald 1058 and Karambir vs. State of Haryana 2020 (1) RCR (Criminal) 766. He further states that the petitioner is not involved in any other case.
4. Notice of motion.
5. Mr. H.S. Multani, AAG, Punjab accepts notice on behalf of the State. He has filed the custody certificate, which is placed on record. However, learned State counsel has not disputed the factual assertions but has opposed the prayer for bail as he states that the extent of recovery effected from the petitioner falls under the commercial quantity. He has also brought to the notice of this Court that challan has been presented in the Court. Even though, charge has been framed but no witness has been examined, as yet.
6. Considering the quantity of contraband recovered being marginally above the commercial quantity and also considering the fact that the conclusion of the trial is likely to take long time, without any expression of opinion on the merits of the case, it is hereby ordered that the petitioner be released on regular bail, on furnishing bail bonds and surety bonds to the satisfaction of concerned Trial Court/Chief Judicial Magistrate/Duty Magistrate.
7. Disposed of accordingly.
Petition allowed.
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