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2014 DIGILAW 1185 (PNJ)

Dev Raj v. State of Punjab

2014-08-13

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioner has preferred the instant petition for the grant of concession of regular bail, in a case registered against him, vide FIR No. 179 dated 14.09.2013, on accusation of having committed an offence punishable under Section 22 of The Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity ‘NDPS Act’) by the police of Police Station City, Kotkapura, District Faridkot. 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 assistance and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Precisely, the prosecution claimed that on 14.09.2013, in the wake of search, 120 tablets of Alpazolam were recovered from the possession of the petitioner. As per FSL report (Annexure P-1), average weight per tablet was 98 mg. Meaning thereby, total bulk of 11.76 gm of Alpazolam was recovered from the possession of the petitioner which indisputedly is a non commercial quantity. Therefore the bar of bail as contemplated under Section 37 of NDPS Act is not attracted to the present case. 5. Moreover, petitioner was arrested on 14.09.2013. 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. Even since the prosecution has not yet examined a single witness, so, 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 of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his filing a specific affidavit that he will not indulge in such illegal activities in future and on furnishing adequate bail and surety bonds to the satisfaction of the trial Court. 7. Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. 7. Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------ —————————