GURBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Allowed as prayed for.CRM-M-36735-2022

(2.) This is the 03rd petition filed under Sec. 439 CrPC for grant of regular bail to the petitioner in case FIR No.215 dtd. 23/10/2020 under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 29 NDPS Act added later on) registered at Police Station Chhehartta, District Amritsar.

(3.) Learned counsel submits that after the dismissal of two petitions on 3/3/2021 and 30/6/2021, the trial has come to a virtual standstill as none of the prosecution witnesses, who admittedly are all official witnesses, have failed to put in appearance before the Court below to get their evidence recorded. While inviting the attention of this Court to the zimni orders annexed as Annexure P-2, he submits that a perusal of them right from from 9/9/2021 to 15/7/2022 reveals that on as many as 10 dates, the case had to be adjourned on account of non-appearance of the prosecution witnesses, and still further, on a few dates, non-bailable warrants had been issued to procure their presence. He submits that recovery effected from the petitioner i.e. 255 grams of heroin was marginally higher than the minimum quantity prescribed under the commercial quantity i.e. 250 grams. It has been submitted that the petitioner has clean antecedents and he is not involved in any other case, much less, under the NDPS Act. A prayer has therefore been made to extend the concession of bail to the petitioner as in the aforementioned facts and circumstances, the trial is unlikely to conclude in the near future and his further incarceration would not serve any useful purpose.