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Judgment
16 paragraphs · 295 wordsManjari Nehru Kaul, J
Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.98 dated 19.08.2020 registered under
Section 22of NDPS Act, 1985 (Section 29 of NDPS Act, 1985 added lateron vide GDR No.20 dated 21.08.2020) at Police Station Nandgarh District
Bathinda.
Learned counsel for the petitioner inter alia contends that the petitioner has been in custody since 21.08.2020. It has been further contended that the
petitioner has been arrayed as an accused only on the basis of disclosure statement of co-accused Ruldu Singh, the evidentiary value of which is of
weak nature. No recovery of any contraband was effected from the conscious possession of the petitioner. Hence, a prayer has been made for
granting the concession of regular bail to the petitioner.
Per contra, learned State counsel while opposing the prayer of learned counsel for the petitioner has admitted that the petitioner was nominated as an
accused only on the basis of the alleged disclosure statement of co-accused Ruldu Singh and no recovery of any contraband was effected from him.
He on instructions from SI Major Singh has apprised the Court that the petitioner is not involved in any other case under the NDPS Act.
Heard.
In view of the submissions made by learned counsel and the fact that the petitioner has been in custody since 21.08.2020, the trial is unlikely to
conclude in the near future more so in the wake of outbreak of pandemic Covid-19. Hence, the present petition is allowed and the petitioner is
admitted to bail to the satisfaction of the trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be
construed to be an expression of opinion on the merits of the case.