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Learned State counsel has not disputed the custody period as well as the fact that no other case is pending against the petitioner but has opposed the submissions made by learned counsel for the petitioner on the ground of seriousness of offence.

Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR as well as other documents available on the file.

The petitioner filed the bail application under Section 439 Cr.P.C. before the Judge, Special Court, Sangrur for grant of regular bail, which was denied to him. Thereafter, the petitioner moved an application for reconsideration of grant of concession of regular/interim bail to him during pendency of the proceedings in the Court as report of Chemical Examiner was not received. The said application was dismissed vide order dated 11.04.2018 on the ground that the petitioner is not entitled for 2 of 4 concession of regular/interim bail as FIR was registered on 05.01.2018 and stipulated period of 180 days for presentation of challan has yet not expired. The bail application was dismissed by considering the provisions as envisaged under Section 37 of the NDPS Act.

On perusal of order dated 11.04.2018, it is apparent that neither any merit of the case has been discussed nor any specific finding has been given as to how the petitioner is not entitled for bail. It has only been mentioned that the petitioner has not been held entitled for grant of regular/interim bail.

No doubt, the FSL report has been received but prior to receipt of FSL report, interim bail can be granted. Moreover, at the time of passing of order, the case should have been heard on merits and thereafter, order would have been passed. Many factors are to be seen at the time of consideration of bail like nature of offence; custody period; pendency of any other case as well as past history of the accused. It is also necessary to be considered that in case, the petitioner is released on bail, then as to how he is going to influence the witnesses or tamper with the evidence.