JUDGMENT

B.S. Walia, J. - Case is being taken up for hearing through Video Conferencing due to Covid-19 pandemic.

2. Prayer in the petition under Section 439 Cr.P.C. is for grant of regular bail in case FIR No.121, dated 14.04.2021, under Section 15, NDPS Act, 1985, registered at Police Station Nissing, District Karnal.

3. Learned counsel contends that 2 kg choora post was recovered from the petitioner on his arrest on 14.04.2021, the petitioner is in custody since said date, the petitioner has medical ailments as is evident from medical record Annexure P/2 which indicates that he is suffering from medical condition of the Gall Bladder and Kidney, that the recovery of choora post is of non-commercial quantity, investigation is complete, challan has been presented but charges are yet to be framed, therefore, no useful purpose would be served by keeping the petitioner behind bars as the trial is likely to take considerable period of time to conclude.

4. Per contra, learned State counsel contends that the petitioner is a habitual offender as six cases under the NDPS Act were registered against him. Details of the same are reproduced as under:-

"1. FIR No.27/2002 under section 15 NDPS Act,