LEELU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present 1st petition filed under Section 439 of the Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.194 dated 30.08.2019 (Annexure P-l) registered under Section 17 of the NDPS Act, 1985 at Police Station Sadar Sirsa, District Sirsa.

(2.) The application has been opposed by learned State Counsel. However, no written reply has been filed by the respondent-State.

(3.) Learned Counsel for petitioner submitted that the petitioner has been falsely implicated in the case. The alleged recovery from possession of petitioner is of 500 grams opium besides 1 Kg of opium recovered from the car which is less than commercial quantity and Section 37 of the NDPS Act is not applicable in the present case. The mandatory provisions of the NDPS Act were not complied with. No independent witness was joined in the investigation. The trial is likely to take long time. The petitioner is in custody since 5.08.2019. No useful purpose will be served by further detention of the petitioner in custody. Therefore, the petitioner may be ordered to be released on regular bail.