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Judgment
Sheel Nagu, CJ
The petitioner has filed this petition for grant of regular bail in FIR No. 09 dated 19.01.2024, under Sections 21(c)/25/29/61 of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act'), registered at Police Station, Sadar Nakodar, Jalandhar Rural.
The petitioner is in custody since 19.01.2024 and the implication of the petitioner is based on the disclosure statement of the co-accused.
Out of 13 enlisted prosecution witnesses, only 01 has been examined and the second one is only partially examined.
Since, learned counsel for the petitioner has not pointed out any major legal infirmity in the prosecution story, therefore, the obstacle under Section 37 of NDPS Act cannot be overcome.
Learned State counsel informs that the petitioner has antecedents and two other cases relating to the offence punishable under the NDPS Act are pending against him.
Considering the aforesaid and the fact that the petitioner has antecedents, it would be appropriate that some of the main prosecution witnesses are allowed to be examined before the request of bail is considered.
Consequently, this Court, for the time being, declines bail to the petitioner with liberty to come again after the examination of the main witnesses or if, the trial gets further delayed, whichever is earlier.
With aforesaid liberty, this petition stands dismissed.