Onkar Singh v. State Of Punjab



IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
 
(O&M) Date of decision: 19.07.2021 Onkar Singh

...Petitioner

Versus

State of Punjab .....Respondent  

   
      




 





 






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!"# $!%& The petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in case bearing FIR No. 134 dated 15.12.2019, registered under Section 21 of the NDPS Act, 1985, at Police Station Lambra, District Jalandhar Rural.

Learned counsel for the petitioner states that the petitioner has been in custody since 15.12.2019; that the alleged recovery of heroin effected on the basis of some secret information, had been planted upon him; that Sections 42 and 50 of the NDPS Act have not been complied with; that there is no other case pending or registered against the petitioner. Learned State counsel, while opposing the grant of bail to the petitioner, points out that 450 gram of heroin was recovered from the petitioner, which falls under the commercial quantity. He also submits that the provisions of the NDPS Act were complied with at the spot. However, he submits that challan has been presented.

I have heard the learned counsel for the parties.

 Challan stands presented. The petitioner has been in custody since 15.12.2019. Trial of the case would take time to conclude, especially due to prevailing situation of Covid-19. Thus, no useful purpose would be served by keeping the petitioner behind the bars. Moreover, the petitioner is not involved in any other case, at least of a similar nature. .
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