The court may grant interim bail under specific humanitarian grounds while considering the severity of drug offenses and potential flight risks.

JUDGMENT :

Amarjot Bhatti, J. (Oral)

Petitioner Deepak alias Jatt has filed second petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for grant of interim bail for 20 days in FIR No. 078 dated 18.06.2024 under Section 18 , 29, 61 of NDPS Act , registered at Police Station Lalru, District SAS Nagar (Annexure P-1).

2. Learned counsel for petitioner argued that unfortunately father of present petitioner expired on 27.12.2024. He being the eldest son has to perform certain rituals. Rasam Pagdi is fixed for 04.01.2025 and Bhog Ceremony is fixed for 15.01.2025 and in between he has to go to Haridwar. Copy of letter given by Panchayat is Annexure P-3. He is in jail since 18.06.2024. It is prayed that he may be granted interim bail.

3. Status report filed today, which is taken on record, confirming death of father of petitioner on 27.12.2024 and cremation took place on 28.12.2024. It is further confirmed that Rasam Pagdi is fixed for 04.01.2025 and Bhog Ceremony is to take place on 15.01.2025. It is pointed out that in the case in hand, present FIR was registered on the basis of recovery of 4 Kg of Opium from Deepak alias Jatt - petitioner and Vijay Kumar while they were going in a car. Petitioner is involved in other cases also which are registered under NDPS Act . Earlier, he had filed CRM-M-54323-2024 for his release on interim bail for his own marriage on 10.11.2024 and marriage of his sister on 09.11.2024, which was dismissed by this Court. Interim bail is opposed on the ground that petitioner can escape from the clutches of law. Therefore, he is not entitled to interim bail.

4. I have considered the aforesaid factual position. It is matter of record that earlier petitioner had filed CRM-M-54323-2024 vide which he had sought interim regular bail for 30 days to attend marriage of his real sister as well as his own marriage, which was declined by this Court vide order dated 06.11.2024 (Annexure P-4). It is a case of recovery of contraband falling under NPDS Act. He is involved in other cases also under NDPS Act . However, the fact remains that father of petitioner expired on 27.12.2024 and he being son is required to attend Rasam Pagdi organized on 04.01.2025 and Bhog Ceremony fixed for 15.01.2025 at his residential address i.e. Shanti Nagar, Bajwara, District Hoshiarpur.

Considering the aforesaid factual position, petitioner is allowed to attend Rasam Pagdi on 04.01.2025 at aforesaid residential address and Bhog Ceremony on 15.01.2025 at the venue fixed by family of petitioner, in police custody at his own expenditure, by giving due consideration to the time fixed for aforesaid Ceremonies as well as travelling time.

With aforesaid observation, present petition stands disposed of.

5. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.