Gurpreet Singh @ Goppi vs State of Punjab

Mr. Jitendra Chauhan, J.(Oral)—By filing the present petition, under Section 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in case FIR No. 08 dated 09.02.2016, registered under Sections 21 & 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ''NDPS Act''), at Police Station Bariwala, District Shri Muktsar Sahib.

Learned counsel for the petitioner states that the petitioner has been falsely implicated in the present case. Allegedly 50 gms of intoxicant powder was recovered from the petitioner. As per the chemical report, the salt is found to be alprazolam. He refers to entry No. 178 of NDPS Act to contend that the recovery in question is non-commercial in nature. The petitioner is not involved in any other FIR and he is in custody since 09.02.2016.

On the other hand, learned State counsel opposes the bail application and states that the quantity effected from the petitioner falls under ''commercial quantity''.

I have heard learned counsel for the parties and perused the record.

Whether the quantity is commercial or not is a debatable issue which shall be determined by the trial Court. The petitioner is not involved in any other FIR. The challan stands presented, however, the charges are yet to be framed, therefore, it can safely be inferred that the trial is not likely to be concluded in the near future, without adverting to the merits of the instant case, this petition is allowed. The petitioner be admitted to bail during the pendency of trial, on his furnishing bail bonds and surety bonds, to the satisfaction of the trial Court.

Anything said herein above shall not be construed as an expression of opinion on the merits of the case.