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Judgment
16 paragraphs · 264 wordsAvneesh Jhingan, J
The matter is taken up for hearing through video conference due to COVID-19 situation.
The petitioner is before this Court for regular bail in case FIR No. 382 dated 2.11.2020 under Section 22 of NDPS Act, 1985, registered at Police
Station City Dabwali, District Sirsa.
The facts in narrow compass are that on 2.11.2020 the police party saw the petitioner coming on foot near Jiani Hospital, Mandi Dabwali. He was
carrying one transparent polythene envelop. Seeing the police, being perplexed he started walking rapidly. On checking 49 strips i.e. 490 tablets of
Tramadol Hydrochloride Tablets were recovered. The prayer for regular bail was dismissed by learned Additional Sessions Judge, Sirsa vide order
dated 18.12.2020.
Learned counsel for the petitioner submits that the recovery is of non-commercial quantity weighing 161.7 grams; no recovery is to be made and the
petitioner is in custody since 2.11.2020.
Learned State counsel contends that recovery is not of small quantity; he was apprehended at the spot and challan has been presented on 22.12.2020.
Considering that the recovery is of non-commercial quantity and there is no other case pending against the petitioner; conclusion of trial is likely to
take time; the petitioner has been denied of his personal liberty since November, 2020. The general rule is bail and not jail, the petitioner is granted bail
on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
The petition is allowed.
It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.