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2002 DIGILAW 209 (PNJ)

Paras Parsad v. State Of Haryana

2002-02-14

R.C.KATHURIA

body2002
Judgment R.C.Kathuria, J. 1. Petitioner-Paras Parsad has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 praying for grant of bail in case bearing First Information Report No. 190 dated 29.3.2001 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act registered at Police Station City Panipat. 2. The allegations against the petitioner are that on 29.3.2001, Kartar Singh ASI in the presence of other police officials intercepted the accused at Batak chowk and recovered 15 kilograms of poppy husk carried by him. 3. After completion of the investigation, challan has been filed in Court. 4. It has not been disputed by the State counsel that the recovery made is not of a commercial quantity in terms of the notification dated 19.10.2001 issued by the Central Government. Admittedly, the case is still under investigation. It is also manifest from the record that the petitioner- accused has been in custody since the date of his arrest. 5. Keeping in view the totality of the circumstances of the case brought on record and the period for which the accused-petitioner has been in custody, this petition is accepted. The petitioner-accused shall be admitted to bail by the trial Judge/CJM, Panipat on his furnishing bail/surety bond to his satisfaction. Petition allowed.