Pankaj Kumar vs State Of Punjab

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing. Status report by way of an affidavit dated 06.01.2021 of Deputy Superintendent of Police

(Detective), Fatehgarh Sahib, filed in the Registry, is taken on record.

Medical status report of the petitioner along with Medical Report (Annexure R-1) and custody certificate (Annexure R-2) by way of an affidavit

dated 09.01.2021 of Deputy Superintendent, New District Jail, Nabha, filed through email, is also taken on record.

Through this petition under Section 439 Cr.P.C., the petitioner seeks regular bail in case bearing FIR No.13 dated 03.03.2019 registered at Police

Station Mulepur, District Fatehgarh Sahib, under Section 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the petitioner states that the alleged recovery effected from the petitioner is of a commercial quantity. The petitioner has been in

custody since 03.03.2019 and there is no other case pending or registered against the petitioner.

Learned State counsel submits that the charges were framed on 03.09.2019 and out of 20 witnesses, one has been examined and examination-in-chief

of two other witnesses has been recorded. The case is now fixed for 25.01.2021.

I have heard the learned counsel for the parties.

The petitioner has been in custody since 03.03.2019. Trial of the case would take time to conclude. Therefore, no useful purpose would be served by

keeping the petitioner behind the bars.

In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the

petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.