NARINDERJIT SINGH @ ANDY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Crl. Misc. Nos. M-34733 and 34943 of 2014. Two separate petitions have been filed under Section 167 (2) Cr.P.C. seeking regular bail in FIR No. 119 dated 25.12.2013 under Section 22 of NDPS Act, registered at Police Station Dugri, Ludhiana.

(2.) I have heard learned counsel for the parties. Learned counsel for the petitioners has urged that the alleged recovery was effected on 25.12.2013 and till date FSL report has not come and challan was filed on 19.3.2014 without the FSL report. She further states that it was incomplete challan and the petitioners were entitled to bail under Section 167(2) Cr.P.C. Reliance was placed upon Shri Kant @ Rinku vs. State of Punjab (Crl. Misc. No. M-38619 of 2013) decided on 14.03.2014. It was urged that the judgment referred to by the trial Court refers to judgment passed by the Apex Court but it did not relate to a case under the NDPS Act and the trial Court should have allowed bail to the petitioners.

(3.) Learned State counsel submits that in Jagdish Singh vs. State of Punjab (Crl. Misc. No. 34489 of 2013) decided on 22.3.2014 this Court has dealt with all aspects and has referred to the Supreme Court judgment where challan has already been filed. Learned counsel for the petitioners now contends that even otherwise since the report of the FSL has not been received the trial Court would not commence and the Court has to await the report of FSL and petitioners can be admitted to bail in view of the observations made by the Division Bench of this court in Inderjeet Singh@ Laddi vs. State of Punjab (Crl. Misc. No. 13140 of 2012) decided on 31.1.2014.