Anupinder Singh Grewal, J.

1. Heard through video conferencing.

2. The petitioner is seeking regular bail in FIR No.87 dated 10.08.2019 under Sections 21/61/85 of the NDPS Act registered at Police Station Jhabhal, District Tarn Taran.

3. Learned counsel for the petitioner contends that the recovery of 300 grams heroin has been allegedly effected from the petitioner. He also contends that the petitioner is in custody for almost two years and is not involved in any other case under the NDPS Act. The brother of the petitioner is suffering from a neurological problem and was operated upon at the PGIMER, Chandigarh. His aged mother is only one to look after his brother as his father has expired.

4. Learned State counsel has filed an affidavit of the Deputy Superintendent of Police, Sub Division Tarn Taran, District Tarn Taran wherein it is stated that the brother of the petitioner was earlier admitted in PGIMER, Chandigarh and after surgery has been discharged and now his mother is taking his care. Custody certificate has been filed in Court through e-mail, which indicates that the petitioner is in custody for 01 year, 11 months and 26 days as on 08.08.2021. He, upon instructions from ASI Amarjit Singh, states that although challan has been filed but no prosecution witness has been examined.

5. Heard.

6. In view of the above especially when the petitioner is in custody for over almost two years, he is not involved in any other case under the NDPS Act, his brother is unwell, the Covid-19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.

7. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.