VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has field this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.220, dated 17.10.2014, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), registered at Police Station Kotwali Patiala, District Patiala. The allegations are that one Kunal Rao was selling the heroine to the petitioner. Kunal Rao was apprehended with one kilogram heroine before it could be further supplied to the petitioner. In this case, no recovery was effected from the petitioner and the allegations are that one kilogram heroine was to be supplied to the to the petitioner by Kunal Rao. Therefore, it is doubtful as to whether any offence under the NDPS Act is made out against the petitioner without the actual supply of the narcotic drugs.

(2.) The petitioner was arrested on 24.10.2014 and since then is in custody. Therefore, further detention of the petitioner is considered unnecessary.

(3.) Accordingly, the petition is allowed. The petitioner is ordered to be released on bail, on his furnishing personal bonds in the sum of Rs. 1,00,000/- with one surety of the like amount to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Patiala.