High CourtsSingle Bench

Kala Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 31 October 2018 · Citation: (2018) 10 P&H CK 0210

HON’BLE JUDGES
Raj Shekhar Attri, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439, 437(3) · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 15
RESULT
Allowed
CASE NUMBER
Criminal Misc.No.M-47183 of 2018 (O&M)
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Judgment

13 paragraphs · 239 words

The 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.