Paramjit Kaur v. State Of Punjab
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It is so submitted by learned counsel for the petitioner that the petitioner is a lady of 52 years of age and is in custody for more than nine months.
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On the other hand,
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has submitted that it is correct that the petitioner is in custody for more than nine months and the investigation of the case has already been completed and challan has been presented to the competent Court. He has however opposed the grant of
bail to the petitioner on the ground that qua the petitioner there was a recovery of 2.84 grams of Etizolam which is although marginally higher than the commercial quantity of 2.5 grams under the +! %3 would be hit by the bar contained under Section 37 4.
I have heard learned counsel for the parties. 5.
It is a case where the petitioner is a lady of the age of 52 years and as per the allegations on seeing the police party she had thrown away a plastic bag on the ground and the recovery was effected from the road. It is a case of learned counsel for the petitioner that the petitioner has been falsely implicated on the ground that earlier she was involved in two more cases out of which she has already been acquitted in one case and in the another case she was nominated on the basis of % of the co-accused and she is on bail. *
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this Court is prima facie view that the petitioner is not guilty of
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offence. It is made clear that the aforesaid cannot be deemed to be any observation on the merits of the case but only for the purpose of considering the petition for grant of bail.
6.
In view of the aforesaid facts and circumstances and in the light of Article 21 of the Constitution of India, the petitioner deserves the concession of grant of regular bail. Consequently, the present petition is allowed. $ %%
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