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2018 DIGILAW 58 (PNJ)

Sukhdayal Singh @ Rinku @ Partap v. State of Haryana

2018-01-09

TEJINDER SINGH DHINDSA

body2018
JUDGMENT Mr. Tejinder Singh Dhindsa, J. (Oral).:- Petitioner seeks benefit of regular bail pending trial in case FIRNo.330, dated 17.08.2017, under Sections 21/27 of the NDPS Act,registered at Police Station Butana, District Karnal. 2. As per prosecution version, recovery of 20 grams of smack waseffected from six other co-accused. Petitioner is sought to be nominated as aan accused on the statement of co-accused. 3. Petitioner was arrested on 15.09.2017. 4. Investigation in the case is complete and even challan has beenpresented. Trial is still at the initial stage and would take time to conclude. 5. Prayer for bail has been vehemently opposed by learned Statecounsel by contending that the petitioner is a habitual offender and isinvolved in five other FIRs under the NDPS Act. 6. It has however gone uncontroverted that only in three FIRs i.e.FIR No.331, dated 18.08.2017, FIR No.329, dated 17.08.2017 and FIRNo.333 dated 18.08.2017, an alleged recovery of non commercial quantitywas effected from the petitioner. Petitioner has been granted bail by thisCourt in FIR No.331 dated 17.08.2017 vide order dated 21.12.2017 passedin CRM-M-48179-2017. 7. Insofar as the other FIRs are concerned, petitioner has beenroped in on the strength of Section 29 of the NDPS Act. 8. In the totality of circumstances and in view of the observationsmade hereinabove, petitioner is held entitled to the benefit of bail. 9. Petition is allowed. 10. Petitioner be enlarged on bail subject to satisfaction of the trialCourt/Duty Magistrate, Karnal.