Palo v. State Of Punjab
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# I have heard learned counsel for the parties and perused the paper book as well as the status report supplied by learned State counsel in Court today.
The petitioner is an old lady of about 61 years of age and she is in custody since 19.08.2022, i.e. more than 7 months..nvestigation in this case is complete, challan stands presented on 15.10.2022 and charges have also been framed on 3*1%313+. There are total eighteen prosecution witnesses cited in the present case, however, none of them has been examined by now. Hence, trial in the case is likely to take long time and no useful purpose would be served by keeping the petitioner behind bars for an indefinite period of time. The alleged recovery in this case is 3 kg. of poppy husk, which falls under the category of non-commercial quantity and thus rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act are not attracted in this case.
Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to her furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the concerned Station House Officer shall be informed about the release of
petitioner and the petitioner shall inform the concerned Station House Officer about her address at which she intends to reside during the pendency of case/trial and any change in the address shall be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish her telephone number to the concerned Station House Officer. She would also furnish her undertaking to the effect that she will not indulge in any illegal activity.
Nothing expressed hereinabove shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for bail at this stage. The petition is accordingly disposed of.
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