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(2021) Law Today Live Doc. Id. 16210
Decided on: 29.04.2021
Present:
Mr. L.S. Sekhon, Advocate for the petitioner.
Mr. Sukhbir Singh, AAG, Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- Recovery of 22 vials of onerex (cough syrup) and 100 tables of Carisoma from co-accused -- No recovery effected from the petitioner, he is in custody for over 6 months, he 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, Court deem it a fit case to grant the concession of regular bail to the petitioner.
(Para 2,3,6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking regular bail in FIR No.244 dated 05.11.2018, under Section 22 of the NDPS Act, 1985, registered at Police Station Lehra, District Sangrur.
3. Learned counsel for the petitioner contends that it is alleged that 22 vials of onerex (cough syrup) and 100 tables of carisoma were allegedly recovered from the co-accused Sandeep Singh @ Fouji who was arrested at the spot. Carisoma does not fall under the NDPS Act. Two other persons including the petitioner had allegedly run away from the spot. He further contends that it would not be possible for the petitioner to run away in the presence of the police officials. The petitioner is in custody for over 6 months since his arrest on 14.11.2020. He is not involved in any other case under the NDPS Act.
4. Learned State counsel, upon instructions from HC Sunil Kumar, contends that challan has been filed but no prosecution witness has been examined.
5. Heard.
6. In view of the above, especially when no recovery has been effected from the petitioner, he is in custody for over 6 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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