(2021) Law Today Live Doc. Id. 15835
Decided on: 13.01.2021
Present:
Mr. Lupil Gupta, Advocate for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 25, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case -- Challan without FSL report – Interim bail -- Petitioner directed to be released on interim bail till receiving of the FSL report -- Petitioner shall submit an undertaking before the trial Court along with his bail/surety bonds that he will surrender before the trial Court on receiving the report of FSL. Inderjeet Singh @ Laddi’s case, 2014 (3) RCR (Criminal) 953 relied.
(Para 1-5)
Cases referred:
1. Inderjeet Singh @ Laddi and others vs State of Punjab, 2014 (3) RCR (Criminal) 953.
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ARVIND SINGH SANGWAN, J. (ORAL) –
1. Prayer in this petition is for grant of interim bail in FIR No.168 dated 20.12.2020 under Sections 21/25/29 of NDPS Act, registered at Police Station STF, SAS Nagar.
2. Learned counsel for the petitioner submits that marriage of the petitioner is fixed for 15.01.2021 and this fact is verified by the police, as noticed in the order dated 08.01.2021 passed by the Additional Sessions Judge, Tarn Taran, dismissing the interim bail application. It is further submitted that FSL report is still awaited and on that ground, the petitioner may be granted the concession of interim bail. In this regard, learned counsel has relied upon Inderjeet Singh @ Laddi and others vs State of Punjab, 2014 (3) RCR (Criminal) 953 to contend that till the report of the FSL is received, the petitioner may be released on interim bail.
3. Learned State counsel, on instructions from the Investigating Officer, has not disputed the factual position and submits that till date, the FSL report has not been received.
4. After hearing learned counsel for the parties and in view of the judgment of this Court in Inderjeet Singh @ Laddi’s case (supra), wherein it has been held that awaiting the report of Chemical Examiner/FSL, the sentence of the petitioner can be suspended till receiving of such report, the petitioner is directed to be released on interim bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, till receiving of the FSL report.
5. The petitioner shall submit an undertaking before the trial Court along with his bail/surety bonds that he will surrender before the trial Court on receiving the report of FSL.
6. Petition is disposed of.
Petition allowed.
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