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2018 Supreme(P&H) 2572

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Inderjit Singh
CRM No.M-19085 of 2018 (O&M)
Kashmir Singh @ Bhola
v.
State of Punjab
{Decided on 30/07/2018}

Advocates Appeared:Mr. Gagandeep Singh Manku, Advocate for the petitioner.

Headnote:Narcotic Drugs and Psychotropic Substances Act, 1985, S.22 – Bail – NDPS – Non-Commercial Quantity – Recovery of 35 grams of intoxicating powder – Petitioner is in custody from last 4 months and he is not required for any investigation or interrogation purpose – Trial of case will take long time – Bail granted – Criminal Procedure Code, 1973, S.439. (Para 6)

JUDGMENT

Mr. Inderjit Singh, J. - Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.18 dated 07.03.2018 under Section 22 of the NDPS Act, registered at Police Station Subhanpur, District Kapurthala.

2. Notice of motion.

3. Ms. Monika Jalota, DAG, Punjab, has put in appearance on behalf of the respondent-State and contested the petition.

4. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

5. As per FIR, only 35 grams of intoxicating powder containing salt “Dextroproproxyphene Hydrochloride” has been recovered from the petitioner, which, admittedly falls under non-commercial quantity.

6. The petitioner has been in custody since 07.03.2018. The petitioner is not required for any investigation or interrogation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till disposal of the case.

7. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing personal/surety bonds in the sum of Rs.40,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

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