In the case of Gaurav Thakur v. the State of Punjab, the respondent lodged an FIR against the petitioner under sections 21 of N.D.P.S. Act, 1985 at the Police Station, District Police Commissionerate, Amritsar. In the Coram, Justice Manoj Bajaj allowed the bail petition
The main fact of the case was that the petitioner, named Gaurav Thakur, was a drug seller. ASI Baljit Singh and traffic staff caught him near the bus stop at Kainchi Gate, G.T. Road. He was a young boy. After inquiry, 260 grams of heroin were found from his jacket. Based on the inquiry, an FIR was lodged. The petitioner has been in police custody from the 4th of December, 2019. The trial was pending before the court.
Arguments before the Court
The petitioner contended that the pandemic situation is causing a delay in the trial procedure. Moreover, the quantity of heroin was 260 grams, which is too less to be used for commercial purposes. Hence, the petitioner must be granted bail. On the other hand, the respondent submitted the final report of the case and prayed before the court to dismiss the bail petition.
The court observed that due to the global pandemic, the trial was not likely to be considered in the future. It was also observed that the petitioner has been in judicial custody from the 4th of December, 2019, which is not justified in nature. As a result, the court allowed the bail petition without justifying the merits of the case.
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