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2019 DIGILAW 303 (PNJ)

Sham Lal v. Narcotics Control Bureau, Chd.

2019-01-29

RAMENDRA JAIN

body2019
JUDGMENT Mr. Ramendra Jain, J.:- Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from NCB Crime No. 7/2018 dated 20.2.2018 under Sections 8/20/29 of the Narcotics, Drugs and Psychotropic Substances Act, 1985 (for short the “NDPS Act”), registered at Police Station NCB, Chandigarh. 2. According to the prosecution, petitioner was apprehended for keeping in his conscious possession 1.175 Kg. of charas. 3. Learned counsel for the petitioner contends that the petitioner is in custody since 20.2.2018. Till date no witness has been examined by the prosecution, despite elapsing of around 11 months. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner in jail any more. 4. On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. 5. Consequently, the petitioner is ordered to be released on bail during pendency of trial, on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.