Sandeep Singh vs State of Punjab

Jitendra Chauhan, J.—The petitioner has filed this petition u/s 439 of the Criminal Procedure Code for grant of regular bail in case FIR No. 6 dated 26.12.2011, registered u/s 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Doraha, District Ludhiana. The learned counsel for the petitioner, inter alia, contends that the alleged recovery is of manufactured drug which does not fall under the NDPS Act. The present case at the most comes under the purview of Drug and Cosmetic Act. The petitioner has not been involved in any other case. The petitioner is in custody for the last six months. There is no other FIR against him.

On the other hand, the learned State counsel has opposed the prayer.

The petitioner is in custody since 26.12.2011. Challan has been filed. The trial has commenced, however, no witnesses have been examined so far. Thus, the trial is not likely to be concluded in the near future. Therefore, no purpose would be achieved in keeping the petitioner in further incarceration. Accordingly, without adverting to the merits of the case, the present petition is allowed. The petitioner be admitted to bail during the pendency of the trial subject to his furnishing bail bonds to the satisfaction of the CJM, Ludhiana. The petitioner will furnish an undertaking before the Releasing Officer that he shall not commit any offence while on bail.