Amandeep Singh. vs State Of Punjab.

Hari Pal Verma, J

The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.144 dated 03.09.2019 under Sections 22 and 25 of

the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act) registered at Police Station City Khanna, District Khanna.

Learned counsel for the petitioner has argued that the petitioner has been nominated in the case on the basis of disclosure statement made by co-

accused Harwinder Singh @ Raja from whose conscious possession 35 injections of Rexogesic containing the salt of Buprenorphine Hydrochloride

and 35 injections of Avil were recovered. Co-accused Harwinder Singh @ Raja has since expired. The petitioner is in custody for 1 year and 3

months and there is no other case against him. He relies upon the order dated 19.06.2020 passed by this Court in CRM-M-14155 of 2020 titled as

Sukhwinder Kumar Versus State of Punjab wherein for the alleged recovery of 85 injections of Avil and 85 injections of Buprenorphine, the accused,

who was in custody for more than 1 year and 4 months, was admitted on bail.

Learned State counsel does not dispute the custody of the petitioner and the quantity of contraband recovered from the co-accused.

I have heard learned counsel for the parties.

Considering the fact that the petitioner is in custody for 1 year and 3 months and is not involved in any other case and it is on the basis of disclosure

statement made by co-accused Harwinder Singh @ Raja, the petitioner was named in this case, this Court deems it appropriate to grant the

concession of regular bail to the petitioner.

Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the

satisfaction of learned trial Court/Duty Magistrate.

It is made clear that in case the petitioner is found indulged in any other case under the NDPS Act, the prosecution shall be at liberty to seek

cancellation of his bail in this case.

The observations made hereinabove shall not be construed as an expression of opinion on the merits of the case and the trial Court shall decide the

case without being influenced with these observations in any manner.