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2019 DIGILAW 1214 (PNJ)

Sukhwant Singh v. State Of Punjab

2019-04-12

AJAY TEWARI

body2019
JUDGMENT Ajay Tewari, J. (Oral) - This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.319 dated 24.12.2018 registered under Section 22 of the NDPS Act at Police Station Raman, District Bathinda. 2. Custody certificate filed in Court dated 12.04.2019 by way of affidavit of Sukhwinder Singh, PPS, Superintendent, Central Jail, Bathinda is taken on record, wherein it has been certified that the petitioner has undergone the custody of 03 months and 16 days. 3. Counsel for the petitioner has argued that in the present case the recovery was of 116.42 gm of Alprazolam and 223.3 gm of Tramadol Hydrochloride. The recovery of Alprazolam is slightly above the commercial quantity while the recovery of Tramadol Hydrochloride is below the commercial quantity. He has further argued that no other case is pending against the petitioner. 4. Learned Sr. Deputy Advocate General on instructions from ASI Gurmail Singh has accepted these factual assertions. 5. Keeping in view the entire conspectus of facts and the period of incarceration already suffered by the petitioner, without going into the merits of the case, I do not deem it appropriate to deny parity to the petitioner. Consequenlty, I grant regular bail to the petitioner. Bail to the satisfaction of the concerned CJM/trial Court/Duty Magistrate. 6. Petition stands allowed. 7. Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed of.