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2023 (1) TMI 1374 - SCH - Indian LawsGrant of regular bail - smuggling of Ganja - HELD THAT - It appears that some of the occupants of the Honda City Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of NDPS Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed. Without expressing any views on the merits of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court - SLP disposed off.
Issues involved:
The petitioner seeks enlargement on regular bail in FIR No.325/2020 u/s 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Details of the Judgment: 1. The petitioner was seeking regular bail in a case registered under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The police intercepted two vehicles and recovered a significant amount of Ganja from both vehicles. The petitioner has been in custody since the incident. 2. Some occupants of one of the vehicles have already been released on regular bail. Despite the commercial nature of the quantity recovered from the petitioner, considering the absence of criminal antecedents and the time spent in custody, the Court decided to grant bail to the petitioner. 3. The Court directed the petitioner to be released on bail upon furnishing bail bonds to the satisfaction of the Trial Court. The petitioner is required to appear before the Trial Court on every hearing date. If the petitioner is involved in any similar future case, the State has the right to seek cancellation of the bail. 4. The Special Leave Petition was disposed of in the above terms, and any pending interlocutory application was also disposed of as a result of this judgment.
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