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2018 Supreme(P&H) 1162

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Mahabir Singh Sindhu, J.
Neeraj – Petitioner
Versus
State of Haryana – Respondent
CRM-M-17821-2018
Decided On : 23-05-2018

Advocates Appeared:
For the Petitioner:Mr. Arav Gupta, Advocate
For the Respondent: Mr. Vikas Malik, D.A.G.,

The main legal point established in the judgment is the grant of interim bail based on the non-receipt of the FSL report, supported by relevant case law.

Headnote:

NDPS - Grant of Interim Bail - The court granted interim bail to the accused based on the non-receipt of the FSL report, citing a Division Bench judgment in support of the decision.

Fact of the Case:

The petitioner filed a petition for grant of regular bail as an accused in a case under the NDPS Act for which the FSL report had not been received yet.

Finding of the Court:

The court granted interim bail to the petitioner until the receipt of the FSL report, based on the non-disputed factual aspect and the cited Division Bench judgment.

Issues: The issue was the grant of interim bail to the accused due to the non-receipt of the FSL report.

Ratio Decidendi: The court's decision was influenced by the non-disputed factual aspect regarding the FSL report and the cited Division Bench judgment, which supported the grant of interim bail in such circumstances.

Final Decision: The petition was disposed of with the grant of interim bail to the petitioner until the receipt of the FSL report, subject to the satisfaction of the trial Court/Duty Magistrate concerned.

JUDGMENT :

MAHABIR SINGH SINDHU, J.

1. This petition for grant of regular bail has been filed by petitioner – Neeraj an accused in FIR No.222 dated 4.3.2018 for offence under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' – for short) registered with Police Station City Thasar, District Kurukshetra.

2. Learned counsel for the petitioner confines his prayer for granting interim bail to the petitioner for the reason that the report from Chemical Examiner has not been received so far.

3. The above factual aspect of the matter regarding FSL report has not been disputed by learned State counsel.

4. Learned counsel for the petitioner has cited the Division Bench judgment of this Court i.e. Inderjeet Singh @ Laddi and others Versus State of Punjab, 2014(3) RCR (Criminal) 953 in support of his contention that in such an eventuality interim bail is to be granted to the accused.

5. Under the above circumstances and keeping in view the ratio of the above judgment, the petitioner be released on interim bail till the receipt of FSL report subject to the satisfaction of learned trial Court/Duty Magistrate concerned. It is clarified that the interim bail will come to an end automatically, the moment report from Chemical Examiner is received in the learned trial Court and the petitioner would surrender before the learned Trial Court forthwith.

6. Petition is disposed off in the above terms.


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