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2013 DIGILAW 1672 (PNJ)

Surinder Singh @ Shindu v. State of Punjab

2013-12-13

RITU BAHRI

body2013
JUDGMENT Ms. Ritu Bahri, J. (Oral):- This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No. 14 dated 6.2.2013 under Sections 22/61/85 of the NDPS Act registered at Police Station Mallanwala, Distt. Ferozepur. 2. The recovery in the present case is of 1200 microlit tablets. These tablets contain the salt Diphenoxylate. The regular bail has been declined to the petitioner on the ground that this sale falls in the category of Narcotic Drugs and Psychotropic Substance. 3. A co-ordinate Bench of this Court in Crl. Misc. No. M-19911 of 2013 (Daljit Singh v. State of Punjab) vide order dated 24.9.2013 has granted bail to an accused pending trial. Reference has been made in this order to the judgment passed by the Supreme Court in Parmanand v. State of Haryana & others, Special Leave to Appeal (Crl.) No.9730 of 2012 decided on 22.8.2013. The Supreme Court had granted bail to an accused pending trial where there was recovery of large number of allopathic drugs containing narcotic drugs and psychotropic substances on the ground that no licence was required under the NDPS Act for storage of allopathic drugs containing narcotic drugs and psychotropic substances. 4. Moreover, the issue whether these drugs fall under the NDPS Act or not is pending consideration in Crl. Misc. No. M-13140 of 2012. 5. Counsel for the State, on instructions from ASI Baljinder Singh, stated that the petitioner is in custody since 6.2.2013 and out of seven prosecution witnesses, one has been examined. 6. The trial in not likely to conclude in the near future. 7. Resultantly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be released on bail, during the pendency of trial, on his furnishing bail bonds to the satisfaction of CJM/Duty Magistrate, Ferozepur.