High CourtsSingle Bench

Mohd. Ansar vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 25 January 2021 · Citation: (2021) 01 P&H CK 0329

HON’BLE JUDGES
Suvir Sehgal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 20
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 2558 Of 2021
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Judgment

15 paragraphs · 292 words

Suvir Sehgal, J

The Court has been convened through video conferencing due to Covid-19 pandemic.

Petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in case FIR No.335, dated 29.08.2020 registered under Section

20 of Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station Adarsh Nagar, Ballabgarh, District Faridabad.

Learned counsel for the petitioner has submitted that FSL report has not been received by the prosecution agency.

Learned State counsel upon instructions from SI Om Parkash does not refute the fact that FSL report has not been received so far. He has further

instructions to state that the petitioner is not involved in any other criminal case.

Thereupon learned counsel for the petitioner has restricted his prayer made in the petition to interim bail till receipt of FSL Report.

In view of the fact that the FSL report in the case has not been received so far and in view of observations of this Court in Para No.54 of the

judgment passed by a Division Bench of this Court in Inderjeet Singh @ Laddi and others Vs. State of Punjab: 2014(3) RCR (Criminal) 953 but

without commenting on merits of the case, I am of the considered view that the petitioner deserves the concession of interim regular bail till receipt of

FSL report.

Therefore, the petition is allowed and the petitioner is ordered to be released on interim regular bail till receipt of FSL report on furnishing of bail bonds

to the satisfaction of the trial Court/Chief Judicial Magistrate concerned. On receipt of FSL report, the petitioner shall apply for regular bail before the

trial Court which shall be at liberty to decide the same in accordance with law keeping in view the FSL report.