Judgment

Mr. Harkesh Manuja, J.

By way of present petition filed under Section 439 CrPC, prayer has been made for grant of bail pending trial in case FIR No.152 dated 07.11.2021 registered under Sections 22 , 61 and 85 of NDPS Act, P.S. Bassi Pathana, District Fatehgarh Sahib.

2. In the present case, the allegations against petitioner are of alleged recovery of green colour plastic bag containing 1100 intoxicants loose capsules and intoxicants tablets of Tramadol Hydrochloride 100 mg total 10 strips i.e. 100 tablets.

3. Learned counsel for petitioner submits that the petitioner was arrested in the aforementioned FIR on 07.11.2021 and thereafter granted interim bail vide order dated 01.02.2022, awaiting the report of FSL, however, the petitioner failed to appear before trial Court and was thereafter again arrested on 09.09.2022 and since then he is behind the bars. Learned counsel also submits that challan in the present case was filed way back on 08.08.2022, however, charges have not even been framed and the trial is thus, likely to take some time. He further submits that the FSL report shows that only 10 loose capsules of green colour were sent for the chemical examination and thus, it cannot be presumed that the entire quantity of 1100 loose capsules were containing intoxicants of similar nature. In this regard, learned counsel places reliance on the judgments passed by this Court in CRM-M- 41434-2019 titled as Roopa Rani Vs. State of Punjab and Crl. Appeal No.556-DBA of 1999 titled as State of Punjab Vs. Dharam Singh , 2010(3) RCR (Criminal) 94.

4. On the other hand, learned State counsel opposes the prayer made herein while submitting that present is a case of recovery of huge quantity of contraband which falls under commercial quantity. He refers to report of FSL as well. Besides it, he also submits that the petitioner was involved in two other cases under NDPS Act, though, in one he already stands acquitted and the other pertains to noncommercial quantity.

5. I have heard learned counsel for the parties and have gone through the paper-book. I find substance in the submissions made on behalf of the petitioner.

6. In the present case, though the alleged recovery was of 1100 capsules of green colour containing Tramadole Hydrochloride, however, out of the loose quantity of 1100 capsules, admittedly, only ten capsules were sent to FSL whereas rest of 1090 capsules were sent to Malkhana and have not been got chemically examined by Investigating Agency so far.

7. Considering the fact that the petitioner has already suffered incarceration for a period of more than 8 months now and the charges have not been framed so far, despite the fact that the challan was filed way back on 08.08.2022, I do not find any justification to extend the incarceration of the petitioner as there is no prima facie evidence on record to show that all the capsules recovered were containing intoxicant.

8. Without commenting upon merits of the present petition, the same is allowed. Petitioner is ordered to be released on bail subject to his furnishing of adequate bail bonds/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.