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2017 DIGILAW 2337 (PNJ)

Narinder Kumar v. State of Punjab

2017-09-29

ANUPINDER SINGH GREWAL

body2017
ORDER : Anupinder Singh Grewal, J. The petitioner is seeking anticipatory bail in FIR No. 371 dated 03.11.2015 under Section 22 of NDPS Act, registered at Police Station Jodhewal, District Ludhiana. 2. Learned counsel for the petitioner contends that 60 gms of Alprazolam had been allegedly recovered from the petitioner, which is below the threshold of commercial quantity of 100 gms. He further states that petitioner was earlier granted regular bail by the trial Court on 04.02.2016. He could not appear before the trial Court on 26.07.2017 as he had inadvertently noted a wrong date and therefore, his bail order was cancelled and his bail and surety bonds were forfeited to the State. Issue notice to the respondent. 3. At the asking of Court, Ms. Rajni Gupta, Senior Deputy Advocate General, Punjab, accepts notice on behalf of respondent. A complete set of paper-book be supplied to her during the course of day. 4. The petitioner was earlier granted regular bail by the trial Court. His non-appearance on account of noting wrong date, appears to be bona fide and he deserves to be protected from arrest. 5. Consequently, the petition is allowed. The petitioner shall surrender before the trial Court and on his doing so, he shall be released on bail on his furnishing bonds to its satisfaction. However, he shall appear on each and every date of hearing except with prior exemption from the Court.