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2021 DIGILAW 374 (PNJ)

Satnam Singh v. State of Punjab

2021-02-15

JAISHREE THAKUR

body2021
Judgment Ms. Jaishree Thakur J.: (Oral) - The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.19 dated 15.02.2020 under Sections 15 and 25 of the NDPS Act registered at Police Station Sadar Rampura, District Bathinda. 2. Counsel for the petitioner inter alia would contend that the petitioner has been falsely implicated in the said FIR as no offence is made out against him. It is further argued that in fact the alleged recovery of 100 kgs of poppy husk has been effected from three persons, who were travelling in the truck and the commercial quantity would be of recovery of 50 kgs from each of the persons nominated in the said FIR, thus, it would be a debatable issue as to whether recovery of 100 kgs of poppy husk from three persons would fall under commercial quantity or not. It is also argued that the vehicle involved does not belong to the petitioner herein, while further contending that the investigation is complete and the challan stands presented, therefore, custodial interrogation of the petitioner would no longer be required. 3. Learned counsel appearing for the respondent-State opposes the bail application by submitting that the petitioner herein was travelling in the truck from which 100 kgs of poppy husk has been recovered. 4. I have heard learned counsel for the parties. 5. Keeping in view the fact that the investigation is complete and the challan stands presented and it would be a debatable issue as to whether recovery of 100 kgs of poppy husk from three persons would fall under commercial quantity or not, coupled with the fact that the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.