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Judgment
17 paragraphs · 340 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR
No.46 dated 15.05.2020, for offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the
NDPS Act’) registered at Police Station Kot Ise Khan, District Moga.
Counsel for the petitioner has argued that as per the allegations in the FIR, the police on receiving a secret information that co-accused Vinod @ Baba
and Satwinder Singh @ Sukha, are selling the intoxicant tablets, a raid was conducted and 25000 tablets of Tramadol Hydrochloride were recovered.
It is further submitted that the petitioner was not even named in the secret information and he was nominated in the case on the basis of the disclosure
statement made by two accused persons, who were arrested at the spot. It is also submitted that the petitioner was arrested on 27.06.2020 and even
after his arrest, nothing was recovered from the petitioner. Lastly, it is submitted that the petitioner is the first offender and is not required for any
further investigation.
Counsel for the State has not disputed the factual position but opposed the prayer for bail. It is, however, submitted by counsel for the State that the
petitioner was arrested on the next day of the registration of the FIR i.e. 16.05.2020.
Without commenting anything on merits of the case, considering the fact that the petitioner is the first offender; the custodial interrogation of the
petitioner is not required and the conclusion of the trial will take some time due to COVID-19 situation, this petition is allowed and the petitioner is
directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.
However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing
the concession of bail, in any manner.