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2014 DIGILAW 1564 (PNJ)

Harwinder Singh v. State of Punjab

2014-11-17

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - The petitioner has preferred the instant petition for the grant of concession of regular bail, in a case registered against him, vide FIR No.28 dated 09.03.2014, on accusation of having committed an offence punishable under Section 21 of The Narcotic Drugs & Psychotropic Substances Act, 1985(hereinafter to be referred as “the NDPS Act”), by the police of Police Station Dhariwal, District Gurdaspur. 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 considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Precisely, the prosecution, inter alia, claimed that on 09.03.2014 in the wake of search, 250 capsules of Spasmoproxyvon were recovered from the possession of the petitioner. As per report of the Forensic Science Laboratory, the recovered capsules contain Tramadol Hydrochloride salt. Learned counsel for the parties are ad idem that the pointed salt contained in the recovered capsules from the petitioner does not fall within the Schedule attached to the NDPS Act. In that eventuality, as to whether the offence punishable under Section 21 of the NDPS Act, is made out against the petitioner or not, inter alia, would be a moot point to be decided during the course of trial after acceptance of evidence by the trial Court. 5. Be that as it may, the petitioner was arrested in this case on 09.03.2014. 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 submitted the final police report(challan) against the accused, so, the 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 furnishing adequate bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Gurdaspur. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Gurdaspur. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the main case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------ —————————