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Subhash Kumar v. State of Punjab. - CRM-2145-M-2007  RD-P&H 1317 (7 February 2007)
Crl. Misc. No. 2145-M of 2007.
Date of Decision: February 09, 2007.
Mr. H.S.Rakra, Advocate
State of Punjab.
Mr. B.S.Baath, DAG, Punjab.
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL)
The prayer in this petition is to release the petitioner on regular bail in FIR No. 90 dated 5.9.2006, registered under Section 18 of the N.D.P.S. Act, 1988, Police Station, Moonak, District Sangrur.
As per the allegations contained in the FIR, a police patrolling party saw the petitioner while coming on foot who was holding a plastic bag in his right hand and on seeing the police party when he tried to go back, the petitioner was apprehended and from the plastic bag, opium weighing 1 Kg.
500 gms. was recovered, out of which two samples of 10 gms. each were separately prepared, whereas the remaining opium was put in a plastic bag and sealed in a separate parcel.
In support of the prayer made in this petition, it is submitted that (i) the alleged contraband recovered from the petitioner is of non- commercial quantity and as such rigors of Section 37 of the NDPS Act are not attracted; (ii) there is no such like other case ever registered or pending against the petitioner; (iii) the challan has already been presented and after framing of the charges, only one prosecution witness has been examined, whereas 11 witnesses are yet to be examined, therefore, conclusion of the trial will take considerably long period; (iv) all the witnesses are police officials and, thus, there is no likelihood of influencing or tampering with the prosecution witnesses by the petitioner and (v) the petitioner has already spent more than five months in custody.
Mr. Baath, learned AAG, Punjab, on instructions from ASI Parminder Pal Sharma, informs the Court that no other such like case has been registered or pending against the petitioner. The fact that the contraband recovered from the petitioner is of non-commercial quantity is also not disputed.
After hearing learned counsel for the parties and without expressing any views on the merits of the case, lest it should prejudice either of the parties, but having regard to the total period already spent by the petitioner in judicial custody and the fact that the rigors of Section 37 of the Act are not attracted in the present case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the learned Special Judge, Sangrur.
February 09, 2007. ( SURYA KANT )
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