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Judgment
15 paragraphs · 317 wordsThe petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.115 dated 19.04.2018 (Annexure-P.1)
registered for the offences under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the
NDPS Act') at Police Station City Sangrur, District Sangrur.
Notice of motion to Advocate General, Punjab.
Mr. Pawan Sharda, learned Senior Deputy Advocate General, Punjab has appeared on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.
As per the allegations in the present case, recovery has been effected from the son of the present petitioner, who tried to run away after throwing the
intoxicant tablets etc., who had come to meet the present petitioner in the Jail.
As per the learned State counsel the allegation against the petitioner is under Section 29 of the NDPS Act.
The petitioner has been in custody since 19.4.2018. Section 37 of the NDPS Act will not apply in this case as the case is stated to be under Section 29
of the NDPS Act against the present petitioner. The petitioner is not required for interrogation or investigation purposes as he is in judicial custody.
The trial of the case is likely to take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.
Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any
opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his
furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.
