Darshan Singh vs State of Punjab

MAHABIR SINGH SINDHU, J. (ORAL)

This petition has been filed by the petitioner under Section 439 of the Criminal Procedure Code ('Cr.P.C.' - for short) for grant of regular bail in case

FIR No.328 dated 16.10.2016 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' â€" for short) registered at

Police Station City Barnala, District Barnala.

It is contended by learned counsel for the petitioner that as per allegations of the prosecution, the petitioner was found in possession of 6800

intoxicant tables of Alprax and Tradol on 16.10.2016 and he is not disputing the recovery, but his contention is that since the petitioner is 70 years of

age and practising as Homeopathic Practitioner under the Homeopathic Practitioners Act, 1965 (“Act of 1965†- for short), and appended the

certificate of registration issued by Council of Homeopathic System of Medicine, Punjab under the Act of 1965 (P-3). It is further contended that the

petitioner is very old aged sick man and he cannot even move at his own.

Learned State counsel has opposed the contention of learned counsel for the petitioner and prayed for dismissal of the bail application.

Heard both sides.

Perusal of paper-book reveals that regarding health condition of the petitioner, report was called by learned Special Court form the office of

Superintendent, District Jail, Barnala, wherein it was found that the petitioner is suffering from various ailments and he cannot walk without the help

of walker and there is no indoor hospital or regular doctor in the jail and reference can be made to order dated 6.12.2016 (P-5).

In this case charges were framed on 6.3.2018 as stated by learned State counsel and prior thereto, the petitioner was on interim bail till receipt of

FSL Report in terms of order dated 6.12.2016 and he never misused the concession of bail. Whether the petitioner is entitled for possession of

alleged tablets being Homeopathic Practitioner or not, is debatable issue? The conclusion of trial is likely to take a long time and as such in view of

poor health condition, no useful purpose would be served by keeping the petitioner behind the bars any more. Therefore, in view of the abovesaid

circumstances, without expressing any opinion on the merits of the case, this petition is accepted. Petitioner-Darshan Singh be admitted to bail on his

furnishing bail bond and surety bond to the satisfaction of the learned trial Court.