Bagga Singh vs State Of Punjab

Anupinder Singh Grewal, J

The petitioner is seeking regular bail in FIR No.163 dated 12.12.2020 under Sections 22 and 29 of the NDPS Act registered at Police Station Special Task Force, SAS Nagar, Mohali.

Learned counsel for the petitioner submits that it is alleged that intoxicant tablets containing Tramadol with a total weight of 595 grams approximately have been recovered from the petitioner. The petitioner is in custody for over two years and the conclusion of the trial is likely to take sometime. He has been convicted in another case under the NDPS Act wherein recovery is of non-commercial quantity and he has undergone the sentence in that case.

Learned State counsel, upon instructions from ASI Satwinder Singh, submits that 01 out of 18 prosecution witnesses has been examined. He has filed the custody certificate in Court, which indicates that the petitioner is in custody for 02 years, 01 month and 12 days as on 25.01.2023. He further submits that as the petitioner is convicted in another case, he is not entitled to the concession of regular bail.

Heard.

In view of the above especially when the petitioner is in custody for over two years and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

At the time of release of the petitioner, SHO Police Station Dirba, Sangrur would be informed and the petitioner shall furnish his mobile number to the SHO and keep his mobile location on till the conclusion of the trial. He shall also appear before the Police Station on first Monday of every month till the conclusion of the trial.