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Judgment
16 paragraphs · 304 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail in FIR No.315 dated 06.09.2019 under Section 22/61 of NDPS Act, registered at Police Station
Phillaur, District Jalandhar Rural.
Learned counsel for the petitioner submits that though as per allegations in the FIR, 6950 tablets of Clovidol 100 SR were recovered from a bag,
however, it will be debatable issue whether the proper procedure was followed or not. It is further submitted that the petitioner is in custody for the
last 01 year and 02 months and till date, even the charges have not been framed, though the challan stands presented on 10.02.2020, therefore, it will
take some time in conclusion of the trial.
Learned State counsel has filed the custody certificate dated 01.12.2020 as well as status report by way of affidavit of Assistant Superintendent of
Police, Sub Division Phillaur, District Jalandhar Rural in the Court today. As per the custody certificate, the petitioner is in custody for the last 01 year,
02 months and 22 days and is involved in one more case, in which he is on bail.
After hearing learned counsel for the parties and without commenting anything on merits of the case, considering the fact that due to COVID-19
situation, trial is not progressing and even the charges have not been framed and also considering the fact that the petitioner is in custody for the last
01 year, 02 months and 22 days, this petition is partly allowed and the petitioner is directed to be released on interim bail till 30.04.2021 subject to
furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.
It will be open for the trial Court either to grant extension of interim bail assessing the circumstances and evidence or dismiss the bail, in accordance
with law.