USHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 14 dated 19.01.2013 under Sections 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act registered at Police Station Dinanagar, District Gurdaspur. Learned counsel for the petitioner submits that the petitioner is more than 50 years of age and there is no other case pending against her. He further submits that the alleged recovery in the present case is 510 grams intoxicant powder, which is little more than the non -commercial quantity. The petitioner is behind bars since 19.01.2013 and out of total nine PWs, only one PW has been examined.

(2.) LEARNED State counsel has not disputed the custody period as well as recovery. Undisputedly, the recovery is 10 grams more than the non -commercial quantity and moreover, the petitioner is behind bars since 19.01.2013 and the appeal may take some time in final disposal as only one witness has been examined so far out of total nine witnesses, the present petition is allowed and the petitioner is directed to be released on regular bail to the satisfaction of the trial Court.