JUDGMENT

Manjari Nehru Kaul. J. (Oral) - CRM-33982-2022

1. Allowed as prayed for.

CRM-M-36735-2022

2. This is the 03rd petition filed under Section 439 CrPC for grant of regular bail to the petitioner in case FIR No.215 dated 23.10.2020 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 29 NDPS Act added later on) registered at Police Station Chhehartta, District Amritsar.

3. Learned counsel submits that after the dismissal of two petitions on 03.03.2021 and 30.06.2021, the trial has come to a virtual standstill as none of the prosecution witnesses, who admittedly are all official witnesses, have failed to put in appearance before the Court below to get their evidence recorded. While inviting the attention of this Court to the zimni orders annexed as Annexure P-2, he submits that a perusal of them right from from 09.09.2021 to 15.07.2022 reveals that on as many as 10 dates, the case had to be adjourned on account of non-appearance of the prosecution witnesses, and still further, on a few dates, non-bailable warrants had been issued to procure their presence. He submits that recovery effected from the petitioner i.e. 255 grams of heroin was marginally h