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Judgment
Prayer in this petition filed under Section 439 Cr.P.C. is for grant
of regular bail to the petitioner in complaint No.120 dated 13.01.2017, Crime
No.33 dated 20.10.2016 under Sections 8, 21 and 29 of the Narcotics Drugs
and Psychotropic Substances Act, 1985 (for short, the NDPS Act ) registered
at Police Station NCB, Chandigarh.
The allegation against the petitioner are that on the basis of
information received by intelligence officer, Narcotic Control Bureau (NCB),
Chandigarh, the flat of the petitioner was raided and on search, a bag was
found lying on the bed. When the said bag was opened by the petitioner-
accused, a polythene was recovered which was containing 610 grams heroin.
On 18.09.2017, learned counsel for the respondent-NCB has
stated that as against total 8 witnesses cited by the prosecution, 6 witnesses
have already been examined and the next date of hearing in the case was
29.09.2017.
However, today, learned counsel for the respondent-NCB states
that though there were 8 witnesses cited by the prosecution, but the
prosecution has decided to examine only 6 witnesses. Out of these 6
witnesses, 3 witnesses have already been examined and the cross-examination
of 4th witness is required to be conducted by the petitioner-accused. The case
is now fixed for 24.11.2017 for cross-examination of 4th witness and
examination of remaining prosecution witnesses.
He further states that in all probabilities, examination of all the
prosecution witnesses shall be completed within two months from today.
Noticing the submissions made by learned counsel for the
respondent-NCB, learned counsel for the petitioner does not press this
petition at this stage.
Accordingly, the present petition is disposed of as such.
It is made clear that in case the prosecution fails to complete its
evidence within the aforesaid period of two months from today, the petitioner
shall be at liberty to approach the trial Court for the relief claimed in the
present petition.