Viney Sharma vs Union Territory, Chandigarh

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.373 dated 07.09.2017, for offence punishable under Section 22 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS

Act'), registered at Police Station Sector 39, Chandigarh.

Counsel for the petitioner has submitted that the petitioner is in judicial custody since 07.09.2017 and he is not involved in any other case. It is further

submitted that, as per the allegations in the FIR, the police party on suspicion apprehended the petitioner and recovered 11 injections of Buprenorphine

and 11 Marka Pheniramine Maleate. It is also submitted that even though it is a case of chance recovery, however, it will be a debatable issue to be

decided during the course of trial whether the provisions of Section 50 of the NDPS Act were complied with or not.

Counsel for the petitioner has further argued that out of 14 prosecution witnesses, only 04 PWs have been examined and the conclusion of the trial will

take some time.

Counsel for the U.T., Chandigarh, on the basis of the Custody Certificate dated 26.05.2018, has not disputed the fact that the petitioner is in judicial

custody since 07.09.2017 and he is not involved in any other case.

Without commenting anything on merits of the case, considering the fact that only 04 prosecution witnesses have been examined so far; the petitioner

is in custody for the last more than 01 year; he is not involved in any other case, this petition is allowed and the petitioner is directed to be released on

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

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing

the concession of bail, in any manner.