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Judgment
8 paragraphs · 305 wordsAnupinder Singh Grewal, J
The petitioner is seeking regular bail in FIR No.133 dated 13.03.2020 under Sections 21(b)/61/85 of the NDPS Act registered at Police Station City Fatehabad.
Learned counsel for the petitioner contends that the alleged recovery of 105 grams of heroin (non-commercial quantity) has been effected from the petitioner. The petitioner is involved in other cases under the NDPS Act but he is on bail in those cases. He is in custody for over two years and four months.
Learned State counsel, upon instructions from ASI Rameshwar Dayal, states that 04 out of 17 prosecution witnesses have been examined. He has filed the custody certificate in Court, which indicates that the petitioner is in custody for 02 years, 04 months and 06 days as on 19.07.2022. He further submits that as the petitioner is involved in several other cases, he should not be granted the concession of regular bail.
Heard.
In view of the above especially when the recovery is non-commercial quantity, the petitioner is in custody for over two years and four months, the Covid-19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
At the time of release of the petitioner, the SHO, Police Station City Fatehabad would be informed and the petitioner shall furnish his mobile number to the SHO and keep his mobile location on till the conclusion of the trial. He shall also appear before the Police Station on every alternate Monday till the conclusion of the trial.