Surjit Kaur vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Surjit Kaur wife of Jaspal Singh, has preferred the instant petition for the grant of concession of regular bail, invoking the provisions of Section 439 Cr.P.C., read with Section 167(2) Cr.P.C., in a case registered against her, vide FIR No. 324 dated 10.10.2013, on accusation of having committed the offences punishable under Sections 21, 22, 27A & 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as ''NDPS Act''), by the police of Police Station ''A'' Division City, Amritsar.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.

Precisely, the prosecution claimed that on 10.10.2013, only 11 gm of Heroin (small quantity) was recovered from the possession of the petitioner. It is not a matter of dispute that Heroin recovered from the petitioner is a small quantity and provisions of Section 37 of the NDPS Act, is not attracted to the present case.

Moreover, the petitioner was arrested on 10.10.2013. Since then, she is in judicial custody and no useful purpose would be served to further detain her in jail. There is no history of her previous involvement in any other criminal case. Even, since the prosecution has not yet submitted the final police report (challan) within a stipulated period against the accused, so, she is otherwise entitled to bail u/s 167(2) Cr.P.C.. The final conclusion of trial will naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on her filing a specific affidavit that she will not indulge in such illegal activities in future and on furnishing adequate bail and surety bonds to the satisfaction of Chief Judicial Magistrate, Amritsar.

Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.