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2018 (1) TMI 124 - HC - Indian LawsGrant of regular bail - purchase of prohibited drugs - illegal trade of prohibited drugs - Since occupants of the vehicle including present bail petitioner were unable to produce valid papers with regard to the transportation/possession of aforesaid psychotropic substance, police confiscated the contraband, and since then, the bail petitioner is in custody - Held that: - this Court sees substantial force in the argument of Mr. Rana, learned counsel representing the petitioner that at this stage, there is nothing on record to infer that the bail petitioner purchased prohibited drugs i.e. “codeine phosphate” for illegal trade of the same, rather record itself suggests that same was purchased on the basis of licence issued in favour of the bail petitioner. Whether licence possessed by the bail petitioner was meant for purchase/sale of prohibited drugs or not, is a question of trial and same shall be determined by the court below on the basis of evidence adduced on record by the Investigating Agency, but definitely, at this stage, there is nothing on record, which could compel this Court to conclude that bail petitioner purchased the aforesaid drugs for indulging in illegal trade of the same. The Court sees no reason to keep the bail petitioner in jail for an indefinite period, especially, when he has already suffered for more than seven months. Needless to say, guilt, if any, of the petitioner is yet to be proved in accordance with law and as such, his freedom cannot be ordered to curtailed for an indefinite period during the pendency of the trial. Petitioner is ordered to be released on bail - Petition allowed.
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