NAZAR MOHAMMAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail in case FIR No. 62 dated 03.07.2013, under Ss. 15/25 of NDPS Act. Learned counsel for the petitioner submits that petitioner is neither owner nor driver of the truck from where the recovery was made and he was even unaware as to the contents in the truck. Learned counsel also submits that recovery was not effected from personal possession of the petitioner and the same was effected from the truck and only the driver/owner of the truck are supposed to know as to its contents. Learned counsel further submits that the trial will take some time to conclude and no useful purpose will be served by keeping him in custody. The recovery has already been made and there is no other case of NDPS pending against him and all witnesses are official witnesses.

(2.) Learned State counsel has not disputed the custody period of more than one year and four months and also the fact that there is no other case of NDPS pending against him. In view of the submission made by learned counsel for the petitioner and also the fact that recovery was made from the truck and petitioner was working as conductor; no other case of NDPS Act is pending against him; remaining accused are in custody and nothing is to be recovered from the petitioner, the petition is allowed. The petitioner is directed to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court.