Jeet Singh. vs State Of Punjab

Hari Pal Verma, J

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.64 dated 28.08.2019 under Section 22 of the NDPS Act, 1985 registered at Police Station Nandgarh, District Bathinda.

As per the FIR, the petitioner was apprehended with 1400 tablets (i.e. 140 strips of Trio-SR) (each strip containing 10 tablets) in his possession.

Learned counsel for the petitioner submits that apart from the fact that there is no other case against the petitioner, he is in custody for 1 year and 4 months. He has relied upon the order dated 19.01.2021 passed by this Court in CRM-M-38051 of 2020 titled as Gursewak Singh Versus State of Haryana and the order dated 13.08.2020 passed by this Court in CRM-M-6436 of 2020 titled as Deepak Versus State of Punjab, wherein for having been found in possession of 1500 tablets of “Tramadol Hydrochloride”/Clovidol 100 SR, the accused were granted regular bail.

Learned State counsel does not dispute the custody and the fact that the petitioner is not involved in any other case.

I have heard learned counsel for the parties.

In view of the orders passed by this Court in Gursewak Singh’s case (supra) and Deepak’s case (supra) and the fact that the petitioner is in custody for 1 year and 4 months and there is no other case against him, this Court deems it appropriate to admit the petitioner on bail.

Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Court.

It is made clear that in case the petitioner is found involved in any other case under the NDPS Act, the prosecution shall be at liberty to seek cancellation of his bail in the present case.

The observations made hereinabove shall not be construed as any expression of opinion on the merits of the case. The trial Court shall decide the case without being influenced with these observations in any manner.