Pargat Singh vs State Of Punjab

Arvind Singh Sangwan, J

Prayer in this petition is for grant of regular bail in FIR No.289 dated 28.12.2019 under Section 22 of NDPS Act, registered at Police Station City

Moga, District Moga.

Learned counsel for the petitioner submits that as per allegations in the FIR, the petitioner was apprehended by the police on the basis of secret

information and recovery of 1700 intoxicant tablets was effected. It is further submitted that the petitioner is in custody for the last 01 year and 07

days and is not involved in any other case under NDPS Act. It is also submitted that though the challan stands presented on 30.05.2020, however, till

date, charges are not framed, therefore, no prosecution witness could be examined.

Learned State counsel, on the basis of custody certificate dated 06.01.2021 filed in the Court today, has not disputed the factual position, however, on

the basis of affidavit of DSP (C), Moga, has submitted that FIR was registered and recovery was effected in accordance with law. It is also stated

that as per FSL report, tramadol hydrochloride salt was found in the tablets.

After hearing learned counsel for the parties, without commenting upon merits of the case and considering long custody of the petitioner and the fact

that he is not involved in any other case under NDPS Act, this petition is disposed of and the petitioner is directed to be released on interim bail till

31.05.2021 subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned.

However, the trial Court, after assessing the situation, if the trial has not started in ordinary course and the evidence is recorded, may cancel or may

continue the interim bail granted to the petitioner till further orders.