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2014 DIGILAW 1139 (PNJ)

Sonu Malik v. State of Punjab

2014-08-04

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioner, has preferred the instant petition for the grant of regular bail, in a case registered against him, vide FIR No.186 dated 04.09.2013, on accusation of having committed an offence punishable under Section 22 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as ‘the NDPS Act), by the police of Police Station Salem Tabri, District Ludhiana. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Concisely, the prosecution claimed that, on 04.09.2013, in the wake of search, 450 grams intoxicating powder (Nitrazepam powder) was recovered from the possession of the petitioner. It is not a matter of dispute that, Nitrazepam powder recovered from the possession of the petitioner, falls within the domain of non-commercial commodity and the provisions of Section 37 of the NDPS Act, are not attracted in this case. 5. Moreover, the petitioner was arrested on 04.09.2013. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. The final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his filing a specific affidavit that he will not indulge in such activities in future and on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case during trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only. ---------0.B.S.0------------ —————————