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Judgment
8 paragraphs · 356 wordsArvind Singh Sangwan, J
This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 46 dated 15.05.2020, registered under Sections 22, 25 and 29 of the NDPS Act, 1985 at Police Station Kot Ise Khan, District Moga.
Learned counsel for the petitioner submits that as per allegations in the FIR, the police party was searching for bad elements and when they reached bus stand near the temple of the village, they got an information that Vinod Kumar @ Baba Sonu and Sukhwinder Sigh @ Sukha are involved in the business of selling intoxicant tablets are coming in a car make Itios with a heavy quantity of intoxicant tablets. Thereafter, the police way laid the said car and apprehended both the accused persons and effected recovery of 08 Kgs. and 40 grams of salt Tramadol.
Learned counsel for the petitioner further submits that the petitioner was later on nominated under Section 25 of the NDPS Act as she was found the registered owner of the said car.
Learned counsel for the petitioner further submits that the petitioner is a Priest in the village temple and the said car was being used and driven by the Sewadar and followers of the temple and the petitioner is not involved in any other case.
Learned State counsel has filed the custody certificate. As per custody certificate, the petitioner is in judicial custody for the last 04 months and 20 days and she is not involved in any other case. Learned State counsel submitted that challan stands presented.
I have heard learned counsel for the parties.
Without commenting upon the merits of the case, considering the fact that petitioner is in judicial custody for the last 04 months and 20 days; she is not involved in any other case; challan has already been presented and the conclusion of trial is likely to take some time, the instant petition is allowed. The petitioner is ordered to be released on regular bail on her furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate, concerned.