High CourtsSingle Bench(2018) 09 P&H CK 0150

Shobha Rastogi & another vs Lalita Rani

Punjab And Haryana At Chandigarh · Decided on 20 September 2018

HON’BLE JUDGES
Augustine George Masih, J
RESULT
Disposed off
CASE NUMBER
Civil Original Coontempt Petition No. 18 of 2015

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Judgment

14 paragraphs · 261 words

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to petitioner-Manpreet Singh @ Monu in case FIR No.66 dated

10.04.2017 registered under Section 22 the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Staton Machhiwara, Police District

Khanna, District Ludhiana.

Learned counsel for the petitioner submits that the petitioner was released on interim bail vide order dated 15.05.2017 with certain conditions till the

receipt of Chemical Examiner's report. Now the report of Chemical Examiner has been received. Learned counsel also submits that no Gazetted

Officer or Magistrate was there at the time of search of the petitioner and there is violation of mandatory provisions of the NDPS Act. The petitioner

has falsely been implicated in the case.

On perusal of order dated 15.05.2017, it is apparent that the petitioner was released on interim bail till the receipt of Chemical Examiner's report and it

was also mentioned in the order that after receipt of report, he had to surrender before the trial Court and the same has been received. The alleged

recovery is commercial.

In view of terms and conditions as mentioned in order dated 15.05.2017, the petitioner is directed to surrender before the trial Court and in case, he

surrenders before the trial Court within a period of one week from the date of receipt of certified copy of this order and moves an application for grant

of regular bail, the trial Court is directed to consider and decide the same in accordance with law within a period of one week thereafter.

Disposed of accordingly.