Harinder Singh vs Stat eof Punjab

The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.25 dated 14.02.2018

registered under Section 22 of NDPS Act, 1985 at Police Station City Nawanshahr, District SBS Nagar.

Counsel for the petitioner contends that the alleged recovery in this case is of 15 injections containing buprenorphine hydrochloride. However, the

actual quantity of the prohibited substance in these injections is less than even the small quantity. Counsel has relied upon the judgment passed by this

Court in CRM-M-35080 of 2018 â€" Rajvir Singh @ Raju v. State of Punjab decided on 21.08.2018 to support his contention. It is further contended

that there is no other case against the petitioner. The petitioner is in custody since 14.02.2018. The challan has already been filed. The petitioner is not

required for any investigation purposes.

On the other hand, learned State Counsel being instructed by ASI Jaswinder Singbh, submits that the recovery from the petitioner is of 15 injections

containing 2 ml each. Therefore, the recovery from the petitioner is of commercial quantity. However, the custody of the petitioner has not been

denied by counsel for the State. Still further, it is not denied that there is no other case against the petitioner.

In view of the above, but without commenting any further upon merits of the case, the present petition is allowed. It is ordered that the petitioner be

released on bail on his furnishing bail bonds/ sureties to the satisfaction of the trial Court/ Duty Magistrate.