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2018 DIGILAW 22 (PNJ)

Sukhwinder Singh @ Sukha v. State of Punjab

2018-01-08

RAJ MOHAN SINGH

body2018
JUDGMENT Mr. Raj Mohan Singh, J.(Oral):- Petitioner seeks grant of regular bail under Section439 Cr.P.C in case bearing FIR No.85 dated 10.06.2017,registered under Section 22/61/85 of NDPS Act registered atPolice Station Laddowal, District Ludhiana. 2. Learned counsel for the petitioner submits that 251grams of Heroine was allegedly recovered from the petitioneri.e. 1 gram more than the non-commercial quantity. Theaforesaid weight was inclusive of the envelope as the same wasweighed along with the contraband. The case appears to bedebatable vis-a-vis the nature of contraband whethercommercial or non-commercial quantity. 3. The petitioner is in custody since 10.06.2017. 4. The petitioner has also submitted details of two morecases in which he has already been acquitted by the trial Court.This fact has not been denied by learned State counsel oninstructions from HC Swaran Singh. 5. At this stage, without adverting to the merits of thecase, I am of the view that petitioner, who is in custody since10.06.2017 can be enlarged on regular bail. 6. In view of above, petition is allowed. Petitioner isordered to be enlarged on regular bail, subject to his furnishingadequate bail bonds/surety bonds to the satisfaction of the trialCourt/Duty Magistrate. 7. Nothing expressed hereinabove would be construedto be an expression of any opinion on merits of the case.