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Judgment
13 paragraphs · 239 wordsThe present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.68 dated
07.08.2018, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Sadar Malout, District Sri
Muktsar Sahib.
The recovery effected from the petitioner is 3kg poppy husk which falls within non-commercial quantity. The petitioner is in custody since 07.08.2018.
The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody.
Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present
petition is allowed. Petitioner Kala Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of
concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be
competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall
have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the Court.
