Monu vs State of Punjab

Mr. Jitendra Chauhan, J.—(Oral) - The present petition has been filed under Section 439 of the Code of Criminal Procedure (for short, ''the Cr.P.C.'') seeking regular bail in case FIR No.51 dated 26.04.2016, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, (for short, ''the NDPS'') at Police Station Maqsudan, District Jalandhar (Rural).

The learned counsel appearing for the petitioner contends that the petitioner has been falsely implicated in the present case. She submits that the petitioner is in custody since 26.04.2016 and not involved in any other case under NDPS Act, which fact is not disputed by the learned State counsel. Lastly, she states that the quantity in question is small in nature.

On the other hand, the learned State counsel oppose the bail petition.

I have heard the learned counsel for the parties and perused the record.

In view of the facts that the petitioner is not involved in any other case under NDPS Act, he is in custody since 26.4.2016 and the alleged quantity being small in nature, no purpose would be served in keeping the petitioner behind the bars, without adverting to the merits of the instant case, this petition is allowed. The petitioner be admitted to bail, on his furnishing bail bonds/surety bonds, to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, concerned.

Anything said herein above shall not be construed as an expression of opinion on the merits of the case.