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2015 DIGILAW 1557 (PNJ)

Rameshwar Sharma v. State of Punjab

2015-08-28

INDERJIT SINGH

body2015
JUDGMENT Mr. Inderjit Singh, J.:- The petitioners have filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.92 dated 27.5.2013 (Annexure-P.1) registered for the offence under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’) at Police Station Fatehgarh Sahib, District Fatehgarh Sahib. 2. Notice of motion to Advocate General, Punjab. 3. On the asking of the Court, Ms. Simsi Dhir Malhotra, learned Deputy Advocate General, Punjab has put in appearance and accepted notice on behalf of the respondent-State and contested this petition. Police record is also available. 4. I have heard learned counsel for the petitioners as well as learned Deputy Advocate General, Punjab, appearing for the respondent- State and have gone through the record. 5. From the record, I find that the FIR in the present case has been registered on the basis of a secret information. As per the prosecution version, 7 Kgs. of poppy husk has been recovered from co-accused Kanwaljit, 2 Kgs. from Parveen Kumar and 1 Kg. from Prince. Nothing has been recovered from the present petitioners. 6. At the time of arguments, learned counsel for the State argued that the petitioners have been declared proclaimed offenders in the FIR on 5.5.2014 and have been arrested on 4.7.2015. As already discussed, firstly, it is case of non-commercial quantity. Secondly, no recovery of any incriminating articles has been effected from the present petitioners. The petitioners are in custody since 4.7.2015. They are not required for interrogation or investigation purposes as the petitioners are in judicial custody. Nothing is to be recovered from them. The trial of the case will take long time. No useful purpose will be served by keeping the petitioners in custody till the final disposal of the case. 7. Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioners are ordered to be released on bail subject to their furnishing personal bonds in the sum of Rs. 30,000/- with one surety each in the like amount to the satisfaction of the trial Court/Duty Magistrate. —————————