LEELOO SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 439 of the Criminal Procedure Code seeking bail pending trial in case F.I.R. No. 68 dated 24 June, 1995 registered at Police Station Dirba, under Section 18 of the Narcotic Drugs & Psychotropic Substance Act, 1985. On 19th October, 1995, the learned counsel for the petitioner had submitted that in the present case provisions of Section 36 -A(1)(b) have been violated as the petitioner was remanded to judicial custody by the illaqa Magistrate exceeding fifteen days. The petitioner was, therefore directed to file additional affidavits. Though the affidavit has not been filed but the petitioner has produced in Court certified copies of various orders passed by the illaqa Magistrate. The petitioners was arrested on 24th June, 1995. From the order sheet I find that the petitioner was remanded to judicial custody by the illeqa Magistrate on 25th June, 1995 and the orders of remand were passed by the illaqa Magistrate till 26th September, 1995. Thereafter the case came up before the Designated Court on 6th October, 1995. However the last order dated 2nd November, 1995 passed by the learned Additional Sessions Judge, Sangrur indicates that this order has not been passed by the Designated Court/Sessions Judge. Keeping in view the submissions made by the learned counsel for the petitioner and particularly the alleged recovery of 170 grams of opium only from the petitioner, I am of the view it is a fit case for grant of bail. Accordingly, I direct that the petitioner shall be released on bail on furnishing bail bonds in the sum of Rs. 20,000/ - with two sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, Sangrur. This order shall be rejected to the condition that :

(2.) WITH this order, the petition stands disposed of. Ordered accordingly.