ASHISH KUMAR HONDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition, filed under Sec. 438 Cr.P.C., petitioner is seeking concession of anticipatory bail in case FIR No. 137, dtd. 29/5/2014, under Ss. 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Jandiala Guru, District Amritsar.

(2.) Facts of the case are that as per allegation in the FIR, 110 grams of intoxicant powder was recovered from the petitioner. Since it was not clear whether alleged intoxicant power was narcotic substance or not, learned trial Court granted interim bail to the petitioner, vide order dtd. 15/7/2014, which reads as under:- ' Heard. There was recovery of 100 grams of intoxicant power. Accused was arrested in this case on 29/5/2014. Report of the Chemical Examiner is yet to be received. It will be clear only on receipt of report of Chemical Examiner as to what type of intoxicant is there in the alleged powder. Sufficient time is taken by the Chemical Examiner for making of report about the contents of the sample parcel being sent by the police to the office of Chemical Examiner. In Inderjeet Singh @ Laddi v. State of Punjab, Criminal Misc. No. 13140 of 2012, decided on 31/1/2014, a Division Bench of Hon'ble Punjab & Haryana High Court has held that Presiding Officer of a Special Court dealing with NDPS cases wherever need is felt and where matter is being unnecessarily delayed may grant interim bail till the receipt of FSL report and thereafter consider the case after receipt of report. Accused in these circumstances is ordered to be released on interim bail on his furnishing bail bonds in the sum of Rs.50,000.00 with one surety in the like amount, subject to report of the Forensic Laboratory/Chemical Examiner as the case may be. In case, on receipt of report of Chemical Examiner or Forensic Laboratory, quantity of narcotic drug or psychotropic substance is found to be commercial, this order granting interim bail shall be deemed to have come to an end automatically and applicant will be taken in custody without any further orders of cancellation of bail. To come up on 25/9/2014 for awaiting report of the Chemical Examiner.'

(3.) Challan was submitted on 8/1/2019 and notice was served upon the petitioner for the first time on 3/5/2019. On account of nonappearance of the accused (petitioner herein), his bail was cancelled on 3/5/2019 itself. However, on appearance of petitioner same day, the bail bonds/surety already cancelled, was ordered to be restored on 3/5/2019 itself.