AMITABH SINGH vs STATE OF PUNJAB

Prayer in this petition filed under Section 439 Cr.P.C. is for

grant of regular bail to the petitioner in case FIR No.90 dated

04.11.2015 under Section 22 of NDPS Act read with Sections 382,

379, 411, 34 IPC, registered at Police Station Division No.6, Jalandhar

City.

Learned counsel for the petitioner states that the alleged

recovery is of 105 grams of intoxicant powder and on chemical

examination, it was found to be alprazolam. He further states that the

petitioner is in custody for the last about 1 year and 10 months and

there is no other case against him under the NDPS Act . The recovered

quantity is marginally above than the commercial quantity.

Learned State counsel does not dispute the custody and

quantity. However, he states that there are two other cases against the

petitioner i.e. FIR No.89 dated 24.10.2015 under Sections 379-B / 34

IPC, Police Station Division No.06, Jalandhar and FIR No.26 dated

23.02.2015 under Sections 457 / 380 / 411 IPC, Police Station Maqsudan,

Jalandhar. He fairly states that there is no other case against the

petitioner under the NDPS Act .

I have heard learned counsel for the parties.

Admittedly, the petitioner is in custody for about 1 year and

10 months and as against total 15 witnesses cited by the prosecution,

only three witnesses have been examined so far and in this manner, the

trial in the case will take sufficient long time. Even otherwise, the

alleged recovered quantity is of 105 grams of intoxicant powder which

contains the salt of alprazolam, is marginally above the commercial

quantity.

In view of above, the petitioner is admitted on bail subject

to his furnishing adequate bail/surety bonds to the satisfaction of the

trial Court.

Accordingly, present petition is allowed.