Sulakhan Singh @ Sakha vs State Of Punjab

Arvind Singh Sangwan, J

Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR

No.08 dated 26.01.2020, for offence punishable under Sections 15/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the

NDPS Act’) registered at Police Station Bhaini Mian Khan, District Gurdaspur.

Counsel for the petitioner has argued that as per the allegations in the FIR, the police party apprehended one Innova car, which was driven by the

petitioner â€" Sulakhan Singh and recovered 13 bags of poppy husk weighing 250 Kgs. It is further submitted that the contraband belong to Sukhraj

Singh @ Sukha, who has already been released on regular bail by the trial Court. Lastly, it is argued that the petitioner is in custody for the last 01

year, 03 months and 27 days and he is not involved in any other case and challan stands presented before the trial Court.

Counsel for the State has not disputed the fact that the petitioner is in custody for the last 01 year, 03 months and 27 days and he is not involved in any

other case under the NDPS Act.

Without commenting anything on merits of the case and considering the fact that the petitioner is in custody for the last 01 year, 03 months and 27

days; he is not involved in any other case under the NDPS Act; challan stands presented; the custodial interrogation of the petitioner is not required

and the conclusion of the trial will take some time due to COVID-19 situation, this petition is partly allowed and the petitioner is directed to be released

on interim bail till 14.10.2021 subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

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.