High CourtsSingle Bench

Vazir Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 21 December 2020 · Citation: (2020) 12 P&H CK 0370

HON’BLE JUDGES
Suvir Sehgal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotroic Substantes Act, 1985 — Section 22, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 42461 Of 2020
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Judgment

15 paragraphs · 289 words

Suvir Sehgal, J

The Court has been convened through video conferencing due to Covid-19 pandemic.

Petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in case FIR No.162, dated 08.09.2020 registered under Section

22/29 of Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station Bikhiwind, District Tarn Taran..

Learned counsel for the petitioner has argued that FSL report is awaited. He has contended that the petitioner has unblemished antecedents.

Learned State counsel has filed the custody certificate dated 21.12.2020. Same is taken on record. Upon instructions from SI Sukhdev Singh, he does

not refute the fact that FSL report has not been received so far.

Thereupon, learned counsel for the petitioner has restricted his prayer made in the petition to interim bail till receipt of FSL Report.

In view of the fact that the FSL report in the case has not been received so far and in view of observations of this Court in Para No.54 of the

judgment passed by a Division Bench of this Court in Inderjeet Singh @ Laddi and others Vs. State of Punjab: 2014(3) RCR (Criminal) 953 but

without commenting on merits of the case, I am of the considered view that the petitioner deserves the concession of interim regular bail till receipt of

FSL report.

Therefore, the petition is allowed and the petitioner is ordered to be released on interim bail till receipt of FSL report on furnishing of bail bonds to the

satisfaction of the trial Court/Chief Judicial Magistrate concerned. On receipt of FSL report, the petitioner shall apply for regular bail before the trial

Court which shall be at liberty to decide the same in accordance with law keeping in view the FSL report.