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2014 DIGILAW 1575 (PNJ)

Sukhraj v. State of Punjab

2014-11-18

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J.: - The petitioner has preferred the instant petition for the grant of concession of regular bail, in a case registered against him, vide FIR No.47 dated 31.05.2014, on accusation of having committed an offence punishable under Section 22 of The Narcotic Drugs & Psychotropic Substances Act, 1985(hereinafter to be referred as “the NDPS Act”), by the police of Police Station Khuian Sarwar, District Fazilka. 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 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 31.05.2014, 16 leaves of Alprazolam and 4 leaves of Ravodol(each leave contains 10 tablets) were recovered from the possession of the accused. As per FSL report, the weight of each Alprazolam tablet is 0.47 mg per tablet. Learned counsel for the parties are ad idem that the salt contained in Ravodol tablets does not come within the ambit of Schedule attached to the NDPS Act, whereas remaining tablets recovered from the petitioner fall in the category of non-commercial quantity. Therefore, the provision of Section 37 of the NDPS Act is not attracted to the facts of the present case. 5. Moreover, the petitioner was arrested in this case on 31.05.2014. 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, as acknowledged by the Investigating Officer, 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 of the main case, the instant petition for regular bail is hereby accepted. 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 the main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his filing a specific affidavit to the effect that he will not indulge in such illegal activities in future and on his furnishing adequate bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Fazilka. 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------------ —————————