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(2021) Law Today Live Doc. Id. 16242
Decided on: 01.04.2021
Present:
Mr. Vikas Bishnoi, Advocate for petitioner.
Mr. Deepak Bhardwaj, DAG Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21(b), 27-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Recovery of 12 grams Heroine -- Involved in three more cases – Petitioner is in custody since 12.1.2021; investigation is complete; no recovery is to be made and the recovery is of small quantity -- Petitioner is not involved in any other NDPS case and mere involvement in other case would not be a sufficient ground to deprive the personal liberty -- Petitioner is directed to be released on regular bail.
(Para 7)
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AVNEESH JHINGAN, J (ORAL) –
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This is a petition for grant of regular bail in case of FIR No. 26 dated 12.1.2021, under Section 21(b) NDPS Act, 1985 and during investigation Section 27-A of NDPS Act, 1985 was added, registered at Police Station City Tohana, District Fatehabad.
3. During routine checking on 12.1.2021, the petitioner was apprehended and 12 grams Heroine was recovered from his possession.
4. Learned counsel for the petitioner submits that the petitioner is in custody since 12.1.2021; investigation is complete; no recovery is to be made and the recovery is of small quantity.
5. Learned State counsel opposes the prayer for bail. It is argued on instructions from ASI Manish that the petitioner is involved in three more cases and he has misused the concession of bail in the said cases.
6. Learned counsel for the petitioner submits that the petitioner is not involved in any other NDPS case; he is on bail in all the three cases and the recovery made from the petitioner is of non-commercial quantity.
7. No recovery is to be made from the petitioner; albeit, challan has been presented, conclusion of trial is likely to take time; petitioner is not involved in any other NDPS case and mere involvement in other case would not be a sufficient ground to deprive the personal liberty. The petitioner is directed to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of the concerned trial court/Duty Magistrate.
8. The petition is allowed.
Petition allowed.
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