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Judgment
Present petition under Section 439 Cr.P.C. is for grant of
regular bail to the petitioner in FIR No. 195 dated 8.10.2017, under Section
22 of NDPS Act, registered at Police Station Kartarpur, District Jalandhar.
Learned counsel for the petitioner contended that FSL report
has not been received as yet and the petitioner be granted interim bail till
receipt of report of Chemical Examiner.
Learned State counsel affirms the factum regarding non receipt
of the FSL report.
For having been found in possession of 6 injections of
Buprenorphine (Omgesic) 2 ml each, 6 viles of AVIL 10 ml each and 200
intoxicant tablets, it will not be feasible to arrive at a presumption that the
petitioner was found in possession of above contraband. The petitioner is in
custody since 8.10.2017.
In view of the peculiar circumstances of the case, the petition is
allowed. The petitioner is ordered to be released on interim bail on his
furnishing bail bonds and surety bonds to the satisfaction of the concerned
trial Court/Area Magistrate, subject to the condition that the petitioner
would be required to surrender after the receipt of report of FSL, without
prejudice to the right of the petitioner to seek regular bail, thereafter, in
accordance with law.
The present petition stands disposed of.