MAHENDER PAL Vs. STATE

JUDGEMENT

(1.) The present application under Sec. 439 of the Cr.P.C. seeks regular bail in case FIR No. 628/2017, under Ss. 15/29/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS Act) Act, registered at P.S. Samaypur Badli.

(2.) The case of the prosecution as per the status report 22/3/2023, authored by Insp. Sanjay Kumar, SHO, P.S. Samaypur Badli, is as under:

(3.) Learned counsel appearing on behalf of the applicant submitted that the recovery with respect to the present applicant is of 40 kg of 'poppy straw', which is an intermediate quantity. It is submitted that the applicant has been in custody for more than 5 years and the trial is likely to take further time. It is further pointed out that the applicant has been released on interim bail on 9 occasions and each time, he has duly surrendered before the Court and has not misused the liberty granted to him. It is further submitted that the applicant is an auto rickshaw driver and has a family which is dependent on him for survival.