Hari Pal Verma, J
The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.
Prayer in the present petition filed under Section 439 read with Section 482 Cr.P.C. is for grant of regular bail to the petitioner, pending trial, in case
FIR No.711 dated 26.12.2019 registered under Section 15 of NDPS Act, 1985 at Police Station Pehowa, District Kurukshetra.
The allegation against the petitioner is that 102 kilograms poppy straw (chura post) was recovered from his conscious possession.
Counsel for the petitioner submits that the petitioner is in custody since 26.12.2019. Challan in the case has been presented on 19.06.2020 and charges
are yet to be framed. The next date before the trial Court is 01.04.2021. Trial is not likely to be concluded in the near future as one of the co-accused
has been declared PO. There is no other case against the petitioner.
Learned State counsel does not dispute the custody and the fact that there is no other case against the petitioner.
I have heard learned counsel for the parties.
Noticing the fact that the petitioner is in custody since 26.12.2019 and challan was presented on 19.06.2020 and thereafter, on account of Covid-19
pandemic, trial could not proceed ahead coupled with the fact that there is no other case against the petitioner, this Court deems it appropriate to admit
the petitioner on bail.
Accordingly, the present petition is allowed and the petitioner is admitted on regular bail subject to his furnishing bail bonds/surety bonds to the
satisfaction of trial Court/Duty Magistrate.
It is made clear that in case the petitioner is found indulged in any other case under the NDPS Act, the prosecution shall be at liberty to seek
cancellation of his bail.
The observations made hereinabove shall not be construed as an expression on the merits of the case and the trial court shall decide the case on the
basis of available material.
