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2019 Supreme(P&H) 1612

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Ajay Tewari
CRM-M No.19810 of 2019 (O&M)
Sandeep Singh @ Sohna
v.
State of Punjab
{Decided on 14/05/2019}

Advocates Appeaerd:Mr. Raj Kumar Gupta, Advocate for the petitioner.
Ms.Amarjit Kaur Khurana, DAG, Punjab.

Headnote:

Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 and S.25--Bail--NDPS--Commercial Quantity--Recovery of two bags of 35 kgs each of poppy husk which is marginally above the commercial quantity--Petitioner in custody for about 8 months--Without commenting of merits bail granted--Criminal Procedure Code, 1973, S.439. (Para 3)

JUDGMENT

Mr. Ajay Tewari, J. (Oral):- This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.114 dated 09.09.2018 registered under Sections 15/25 of NDPS Act, 1985 at Police Station Doraha, District Ludhiana.

2. Counsel for the petitioner states that two bags of 35 kgs. each of poppy husk were recovered from the petitioner which is marginally above the commercial quantity. He further states that the petitioner has been in custody for 8 months and no other case is pending against him.

3. Custody certificate dated 14.05.2019 filed by way of affidavit of Iqbal Singh Dhaliwal, PPS, Deputy Superintendent, Central Prison, Ludhiana on behalf of State is taken on record. Copy supplied to the counsel opposite. As per custody certificate the petitioner has been in custody for 08 months and 02 days.

4. Learned State counsel on instructions from HC Harpal Singh has accepted this fact.

5. Keeping in view the above facts and the period of incarceration already suffered by the petitioner and without going into the merits of the case, I deem it appropriate to release the petitioner on regular bail to the satisfaction of the concerned CJM/Illaqa Magistrate/Duty Magistrate.

6. Ordered accordingly.

7. Petition stands allowed.

8. Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed of.

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