SURINDER SINGH @ SINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application seeking anticipatory bail in case FIR No. 74 dated 26.6.2009 under Sections 15/61/85 of the NDPS Act, Police Station Bhadson, District Patiala.

(2.) RECORD reveals that Petitioner is in judicial custody w.e.f. for an offence punishable under Section 15 NDPS Act. Record further reveals that challan was submitted by the police on 15.9.2009. Status report was called from the learned trial Court vide order dated 28.2.2011. Learned trial Court has reported that on and 4.8.2010 no prosecution witness was present; on 25.8.2010 three witnesses were given up by the prosecution and case was adjourned to 16.9.2010; on 16.9.2010 summons were received back unserved and case was adjourned to 7.10.2010; on 7.10.2010 no prosecution witness was present and again case was adjourned to 3.11.2010; on 3.11.2010 SI Gurinder Singh was not present despite service of summons; on 25.11.2010 accused were not produced from the jail and case was adjourned for 6.1.2011; on 6.1.2011 SI Sarabjit Singh sent a request for exemption on the ground of illness, however, no other witness was present and case was adjourned for 27.1.2011; on 27.1.2011 again no prosecution witness was present and case was adjourned for 21.2.2011; on 21.2.2011 ASI Narinder Singh sent a request for exemption on the ground of illness and summons sent to DSP Arshdeep Singh were received back with the report that he was deputed on VIP duty, therefore, case was adjourned for 14.3.2011; again on 14.3.2011 no prosecution witness was examined since request from ASI Narinder Singh was received seeking exemption on the ground that he was deputed on VIP duty.

(3.) CONSIDERING totality of the facts and circumstances of the case, I direct that Petitioner be released on bail to the satisfaction of learned trial Court.