(1.) Prayer in the second petition under Sec. 439 of Cr.P.C. is for grant of regular bail to the petitioner during pendency of trial in case FIR No.0325 dtd. 10/11/2020, registered under Sec. 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985, at Police Station Kathu Nangal, District Amritsar.
(2.) Learned counsel contends that CRM-M-30963-2021, was permitted to be withdrawn at that stage vide order dtd. 18/8/2021 whereas the instant petition has been filed subsequently on account of no progress having been made in the trial.
(3.) Learned counsel contends that the petitioner is in custody since 10/11/2020, challan has been presented, charges have been framed and out of 11 prosecution witnesses not even a single prosecution witness has been examined.Learned counsel contends that the petitioner is entitled to be released on regular bail in view of the decision of Hon'ble the Supreme Court in Chhita Biswas alias Subhas vs. State of West Bengal, SLP (Crl.) No.8823 of 2019, law finder doc ID #1938935, Narcotic Control Bureau vs. VipanSood and another, Special Leave to Appeal (Criminal) No.5852 of 2021, upholding the order of a coordinate bench of this Court granting regular bail to accused therein vide order dtd. 25/2/2021, in CRM-M-20177-2020 as also in view of the decision of this Court in Amritpal Singh vs. State of Punjab CRM-M-53334-2021, decided on 7/4/2022. Learned counsel for the petitioner also refers to order dtd. 31/5/2021, to contend that there is violation of Sec. 50 of the NDPS Act and that in view of the decisions of this Court in case titled as Gannu and another vs. State of Punjab 2017 (3) RCR (Criminal) 566, Kewal Krishan vs. State of Punjab 2018 (4) RCR (Criminal) 580 and Manorama Devi vs. State of Haryana 2018 (2) RCR (Criminal) 339, entire proceedings stand vitiated and that continued detention of the petitioner is illegal, in view of mentioning of FIR number in the recovery/arrest memo.