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(2020) Law Today Live Doc. Id. 15444 = 2020 L.A.R. (e-Suppl.) 1242
Decided on: 05.10.2020
Present:
Mr. Amit Singla, Advocate, for the petitioner.
Mr. Anmol Malik, DAG, Haryana.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Commercial quantity – Regular bail -- Recovery of 53.1 kg Poppy Straw is marginally above the commercial quantity – Petitioner remained in detention for almost 07 months – Not involved in any other case under the NDPS Act -- Charges have been framed, trial is likely to take its own considerable time due to ongoing Covid-19 Pandemic -- Regular bail allowed.
(Para 2-5)
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SUDIP AHLUWALIA, J. (ORAL) –
This is a petition for regular bail under Section 439 Cr.P.C. on behalf of the petitioner, in case FIR No. 154 dated 06.03.2020, under Section 15 of the NDPS Act, 1985, registered at Police Station City Hansi, District Hansi.
2. It is argued on behalf of the petitioner that the alleged recovery of 53.1 kg Poppy Straw is marginally above the commercial quantity. The petitioner has remained in detention for almost 07 months now since 06.03.2020.
3. Learned State counsel on instructions from S.I. Joginder Singh has informed the Court that investigation against the petitioner has already been completed and challan submitted.
4. The petitioner is reported to be not involved in any other case under the NDPS Act. Trial in the case is yet to commence as so far only charges have been framed.
5. In these circumstances, without commenting any further on the merits of the present case as a whole, and in view of the detention undergone by the petitioner, as also the fact that the trial is likely to take its own considerable time due to ongoing Covid-19 Pandemic, the prayer of the petitioner for regular bail is allowed and he is ordered to be released on regular bail, subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.
6. Disposed off.
Petition allowed.
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