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Judgment
Sandeep Mehta, J
The instant second bail application under Section 439 CrPC has been preferred by the petitioner Aman Deep Singh @ Amna S/o Baljindra Singh @ Binder Singh, who is in custody in connection with the F.I.R. No.204/2021 registered at the Police Station Sangaria, District Hanumangarh for the offences under Sections 8/22 and 29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The petitioner is in judicial custody in this case involving recovery of 230 tablets of Tramadol Hydrochloride weighing 80.5 gms. The commercial quantity of the said drug is fixed at 250 gms. vide notification dated 26.04.2018. The petitioner was earlier denied bail on the ground that the present one is second case registered against him for the offence punishable under the NDPS Act.
Learned counsel for the petitioner has placed on record a copy of the order dated 17.07.2017, whereby the petitioner was granted bail in other case at Punjab. On a perusal of the said order, it becomes apparent that the said case involved recovery of 2 kg. 500 gms. of poppy husk from three persons including the petitioner.
In this background and as the recovered contraband weighs well below commercial quantity and as the restrictions contained in Section 37 of the NDPS Act do not apply and since the petitioner has suffered custodial period of about five months, I am inclined to grant indulgence of bail to the petitioner.
Accordingly, the instant bail application under Section 439 CrPC is allowed. It is ordered that the accused-petitioner Aman Deep Singh @ Amna S/o Baljindra Singh @ Binder Singh arrested in connection with F.I.R. No.204/2021 registered at the Police Station Sangaria, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.