The delay in sending the sample to FSL Mohali and the petitioner's custody duration were considered as mitigating circumstances for granting regular bail.

JUDGMENT

Alka Sarin, J. - This is the first petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.22 dated 31.01.2021 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City 1, Sangrur, District Sangrur, Punjab. A petition for grant of interim bail (CRM- M-19777-2021) to the petitioner was dismissed vide order dated 24.05.2021.

2. As per the case of the prosecution, on 31.01.2021 the petitioner and the co-accused were apprehended at the spot and 75 intoxicant bottles of Wincriex-100 ML, Batch No.WCRX-1175, Mfd-Dec.2020, Exp-Nov.2022 were recovered from them. The FSL Report states that the contents of the intoxicant bottles recovered have been found to be of 'Codeine Phosphate'.

3. It is further the case that the quantity falls within the commercial quantity and, hence, the rigors of Section 37 of the NDPS Act would be attracted.

4. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the case. Her further contention is that the sample was received by FSL Mohali on 03.02.2021 i.e. after 3 days of the alleged recovery. The FSL Report does not mention the Batch No. of the sample which was tested. It is further submitted that investigation is complete and charges have been framed on 06.05.2022 and the petitioner has already been in custody since 31.01.2021. There is no other case against the petitioner. Reliance has been placed on the decisions in Gurdev Kaur @ Gebo vs. State of Punjab [CRM-M-22300-2020 decided on 17.08.2020], Surinder Kaushal vs. State of Punjab [CRM-M-30455-2017 decided on 22.09.2017],

5. Learned counsel for the State has opposed the grant of bail. A status report by way of affidavit dated 06.03.2022 of Sh. Yogesh Kumar, PPS, Deputy Superintendent of Police, Detective, District Sangrur holding additional charge of Deputy Superintendent of Police, Sub Division Sangrur, District Sangrur has been filed wherein it has inter-alia been stated that the petitioner is involved in drug peddling and the recovery from him is of commercial quantity. It is also stated that even the motorcycle which was recovered from the petitioner was stolen. The owner of the motorcycle is a resident of Ludhiana and a FIR regarding theft of the motorcycle was lodged on 02.07.2019 and accordingly Section 411 IPC has been added against the petitioner.

6. Heard.

7. The petitioner has been in custody for over a year. Though charges have been framed, the evidence of the prosecution is yet to begin. The petitioner is not involved in any other case under the NDPS Act. The point raised regarding delay in sending the sample to FSL Mohali and its consequences is a matter of trial. However, in the present case sufficient mitigating circumstances are m ade out to extend the concession o f bail to the petitioner.

8. Keeping in view the above facts and without commenting upon the m erits o f the case, I deem this to be a fit case for grant o f regular bail to the petitioner. The petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction o f the Illaqa M agistrate/Duty M agistrate/Trial Court concerned.

9. However, the Prosecution will always be at liberty to apply for cancellation o f bail in case the petitioner is found to be misusing the concession o f bail in any manner.

10. It is also m ade clear that any observation m ade herein shall not be treated as an expression o f opinion on the m erits o f the case.

Disposed off. Pending applications, if any, also stand disposed off.