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2019 DIGILAW 2923 (PNJ)

Anil Kumar v. State of Punjab

2019-11-07

ANUPINDER SINGH GREWAL

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Judgment Mr. Anupinder Singh Grewal, J. (Oral):- The petitioner is seeking regular bail in FIR No.289 dated 25.10.2018, under Section 22 of the NDPS Act, registered at Police Station Patran, District Patiala. 2. Learned counsel for the petitioner contends that the allegations against the petitioner are that tablets with a total weight of 21.8 grams of Buprenorphine were allegedly recovered from him, which is marginally above the threshold of commercial quantity. He further contends that the petitioner is in custody for over a year since his arrest on 25.10.2018 and he is not involved in any other case under the NDPS Act. He has relied upon the judgments of the Coordinate Benches of this Court in the case of Dalwinder Singh Vs. State of Punjab passed in CRM-M-10753-2019 on 03.05.2019 whereby the petitioner therein, who was in possession of 15 injections of Buprenorphine containing 2 ml each, was granted regular bail after having put in about a year in custody; in the case of Kamaljeet Singh @ Kamal vs. State of Punjab passed in CRM- M-4538-2019 on 13.03.2019 whereby the petitioner therein, who was in possession of 12 injections of Buprenorphine containing 2 ml each, was granted regular bail after having put in about nine months in custody and in the case of Kuldeep Singh vs. Union Territory, Chandigarh passed in CRM-M-1400-2018 on 19.01.2018 whereby the petitioner therein, who was in possession of 12 injections of Buprenorphine containing 2 ml each, was granted regular bail after having put in about three months in custody. 3. Learned State counsel, upon instructions from ASI Gurbaj Singh, states that 01 out of 10 prosecution witnesses has been examined. Heard. 4. In view of the submissions of the learned counsel for the petitioner, the judgments of the Coordinate Benches of this Court, the petitioner is in custody for over a year, he is not involved in any other case under the NDPS Act and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner. 5. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on her furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.