The single judge bench of Justice Gurvinder Singh Gill of the Punjab and Haryana High Court in the case of Vinay Kumar Vs State of Punjab granted regular bail to the petitioner after considering the long custody of the petitioner.
BRIEF FACTS
The factual matrix of the case is that the tablets of ‘Tramadol’ were recovered from a car being driven by the petitioner and the present petition seeking regular bail was filed for the case registered under section 22 of the NDPS Act.
The learned counsel appearing on behalf of the petitioner contended that he had no clue whatsoever as regards the contents of the bags lying in the car, as it is the owner of the car, who had kept the same in his car. Further, the petitioner also deserves the same concession on grounds of parity particularly when he has been behind bars since the last about 3 years & 5 months.
The learned counsel appearing on behalf of the state has contended that the since the petitioner was caught red-handed at the spot and huge quantity of contraband was recovered from the car being driven by the petitioner, his complicity is clearly evident. Furthermore, the petitioner happens to be involved in 1 more case registered for offences under Sections 420 & 467 IPC. It has not been disputed that the petitioner as on date has been behind bars since the last about 3 years & 5 months.
COURT’S OBSERVATION
The hon’ble court held that the petitioner has been behind bars for a substantial period of 3 years & 5 months, the petitioner could be extended the benefit of bail. It is apposite to refer to a few judgments of Hon’ble Supreme Court in this regard wherein Hon’ble Supreme Court has granted the concession of bail solely on ground of long custody. The petitioner is ordered to be released on regular bail.
CASE NAME- Vinay Kumar Vs State of Punjab
CITATION- CRM-M-33388-2022
CORUM- Justice Gurvinder Singh Gill
DATE- 11.11.22
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