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(2021) Law Today Live Doc. Id. 16326
Decided on: 13.07.2021
Present:
Mr. Yashpal Thakur, Advocate for the petitioner.
Mr. B.S. Sewak, Addl. A.G., Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 15, 18, 25, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Recovery of 3.5 kgs. Opium -- 06 out of 13 prosecution witnesses have been examined and the petitioner is convicted in a case under Section 302 IPC -- Petitioner is in custody for over two years and five 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, Court deemed it a fit case to grant the concession of regular bail to the petitioner.
(Para 2-9)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
CRM-28972-2020
1. Heard through video conferencing.
2. Learned counsel for the applicant/petitioner contends that he does not want to press this application.
3. The application is dismissed as not pressed.
CRM-M-20477-2020
4. The petitioner is seeking regular bail in FIR No.27 dated 12.05.2017, under Sections 15/18/25/61/85 of the NDPS Act, registered at Police Station Badali Ala Singh, District Fatehgarh Sahib.
5. Learned counsel for the petitioner contends that 3.5 kgs. Opium was allegedly recovered from the petitioner. He also contends that the petitioner is in custody for over two years and five months and is not involved in any other case under the NDPS Act.
6. Learned State counsel, upon instructions from SI Manjit Singh, states that 06 out of 13 prosecution witnesses have been examined and the petitioner is convicted in a case under Section 302 IPC. He has filed custody certificate in Court through e-mail which indicates that the petitioner is in custody for 02 years, 05 months and 07 days.
7. Heard through video conferencing.
8. In view of the above especially when the petitioner is in custody for over two years and five 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.
9. 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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