SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the second petition filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.46 dtd. 7/4/2017 under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sidhwan Bet, District Ludhiana Rural. The first petition for grant of regular bail being CRM-M-18538-2020 was dismissed as withdrawn vide order dtd. 17/12/2020.

(2.) Learned counsel for the petitioner would contend that the petitioner was initially arrested on 7/4/2017 and, thereafter, he was released on interim bail vide order dtd. 8/5/2017. The petitioner was declared a proclaimed offender since he did not turn up post the grant of interim bail. Subsequently, he was re-arrested on 2/3/2020. Learned counsel for the petitioner would further contend that since 2/3/2020 the petitioner has been in custody. The charges in the present case were framed on 3/12/2020 and till date only one prosecution witness out of 14 has been examined.

(3.) Learned State counsel has opposed the grant of bail to the petitioner on the ground that the petitioner had earlier been granted interim bail and, thereafter, he was declared a proclaimed offender and was re- arrested on 2/3/2020. It is further the contention that in the present case recovery of 250 gms. of 'Alprazolam' was effected from the petitioner which falls within the category of commercial quantity. It is further contended that there is another case pending against the petitioner under the NDPS Act where a recovery of 40 gms. of 'Heroin' was made from him. I have heard learned counsel for the parties.