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2019 DIGILAW 365 (PNJ)

Ranjit Singh @ Laddi v. State of Punjab

2019-02-01

AJAY TEWARI

body2019
JUDGMENT Mr. 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 F.I.R. No.118 dated 01.07.2015 registered under Section 15/61/85 of NDPS Act, 1985 at Police Station Maqsudan, Jalandhar. 2. The allegation is that 35 kgs of poppy husk was recovered on a gunny bag on which the petitioner was allegedly sitting. Custody certificate was filed on 25.01.2019 and as per the custody certificate the petitioner has undergone 5 months and 12 days of custody. As per custody certificate there was another case under Section 15 of NDPS Act which was pending against him with regard to 10 kg. of poppy husk. 3. The contention of learned counsel for the petitioner is that on both the occasions the alleged recovery is less than the commercial quantity and therefore the petitioner be released on bail. 4. Learned Deputy Advocate General on instructions from ASI Inderjeet Singh states that the case is not so simple because during the pendency of this case, the petitioner had become a proclaimed offender and was then arrested in the second case. 5. Be that as it may, keeping in view the above facts and the period of incarceration already suffered by the petitioner and without going into the merits of the case, I deem it appropriate to release the petitioner on regular bail to the satisfaction of the trial Court/Illaqa Magistrate. The trial Court would be justified in demanding heavy surety in view of the previous conduct of the petitioner. 6. Ordered accordingly. 7. Petition stands allowed. 8. Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed of.