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2022 (9) TMI 218 - HC - Money LaunderingSeeking grant of regular bail - Smuggling - Opium - country made pistol - magazine having 5 live rounds - spare magazine having six live rounds - HELD THAT - The FIR in the present case was registered on 31.05.2022 under Sections 3 and 4 of PMLA Section 25 of Arms Act and under Section 18 of NDPS Act. As per the reply submitted on behalf of the State offences punishable under Sections 3 and 4 of PMLA have been deleted upon the verification by Surender Singh HPS ACP-III Panchkula. So now the FIR in question is with regard to Section 25 of Arms Act and Section 18 of NDPS Act. As per the allegations appearing on record 432 grams of opium was recovered from the possession of petitioner Anju Bhalla while 265 grams of opium was recovered from the petitioner Anjali Bhalla. The aforesaid quantity of opium comes under non-commercial quantity of contraband and thus the embargo provided in Section 37 of the NDPS Act is not applicable to the instant case. All the recoveries have already been effected in this case and after completion of investigation police has presented the challan but charges are yet to be framed - It will take considerable time for the trial to conclude after the framing of charges. Coaccused Gaurav Pahwa who was apprehended at the spot along with both the petitioners and from whom cash worth Rs.1.75 crores was recovered has been granted concession of regular bail by the Court of Additional Sessions Judge Panchkula vide order dated 13.06.2022. This Court is of the view that no purpose is going to be served by prolonging the judicial incarceration of both the petitioners for any further period. Consequently both the petitions are allowed and the petitioners namely Anju Bhalla and Anjali Bhalla are ordered to be released on regular bail on their furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate concerned - Application disposed off.
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