Sarvesh @ Nanhey v. The State (NCT Of Delhi)

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 336/2020 SARVESH @ NANHEY ..... Petitioner Through:

Mr. Sunil Tiwari, Adv.

versus THE STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Amit Chadha, APP for State with SI Ayush Bajaj, PS - Swaroop Nagar

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 05.02.2020 CRL. M.A. 2639/2020 Allowed, subject to all just exceptions.

Application is disposed of.

BAIL APPLN. 336/2020 Present petition is filed under Section 439 Cr.P.C. for grant of bail on behalf of petitioner in case FIR No. 428/2019 registered at Police Station - Swaroop Nagar for the offences under Sections 15/29/61/85 NDPS Act. It is not in dispute that recovery from the petitioner of 10 kgs of Poppy Staw is an intermediate quantity, whereas commercial quantity is 50 kgs.

The petitioner is a carpenter and is in judicial custody since 12.10.2019.

Keeping in view the fact that trial will take substantial time and Section 37 of the NDPS Act does not come in the way in the present

petition. Accordingly, I am of the view that petitioner deserves to be admitted on bail.

Therefore, the petitioner shall be released on bail on his furnishing personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the Trial Court.

The application is allowed and disposed of.

Order dasti under the signatures of Court Master. Copy of this order be transmitted to the Jail Superintendent and the Trial Court concerned for necessary compliance. SURESH KUMAR KAIT, J FEBRUARY 05, 2020 PB