Punjab-Haryana High Court
Gursewak Singh vs State Of Punjab on 13 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023:PHHC:160122 CRM-M-27498-2023 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 223+146 CRM-M-27498-2023 (O & M) Date of decision: 13.12.2023 GURSEWAK SINGH .. PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Lupil Gupta, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab. 3K 2k 3k SUVIR SEHGAL J. (ORAL)
CRM-49572-2023
1. Application is allowed as prayed for.
2. Rectified petition alongwith annexures is taken on record. Main Case
3. This is the 2" petition filed by the petitioner under Section 439 of Cr.P.C. for grant of regular bail in:-
FIR Dated Police Station Sections No. 131 | 09.10.2021 | Nahianwala, 22 (c) and 29 of the NDPS District Bathinda | Act, 1985 Sheetal 2023.12.15 16:07 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:160122 CRM-M-27498-2023 (O & M) -2-
4. Case of the prosecution is that FIR, Annexure P-1, has been registered when during routine patrolling, a motorcycle was intercepted and recovery of 1900 tablets containing Tramadol Hydrochloride were recovered from the lady, who was on the pillion. On being questioned, she identified herself as Suman Kaur and the motorcycle driver disclosed his name as Gursewak Singh (present petitioner).
5. Counsel for the petitioner has urged that the petitioner was apprehended on 13.10.2021 and has been languishing in custody since then. He submits that despite the fact that co-accused, Suman Kaur, from whom recovery has been effected, has been released on regular bail by this Court vide order dated 27.04.2023, the trial is moving at a snail's pace. He submits that the petitioner, who has clean antecedents, deserves to be enlarged on bail.
6. Per contra, State counsel upon instructions, has opposed the petition and submits that as the recovery effected falls within the ambit of commercial quantity, bar under Section 37 of the NDPS Act is attracted. He submits that as per the observations of the learned Special Court, the total weight of the contraband recovered is 645.183 gm. He has instructions to state that 02 out of 15 prosecution witnesses have been examined. He has filed custody certificate dated 12.12.2023 and could not dispute the antecedents of the petitioner.
Sheetal 2023.12.15 16:07 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:160122 CRM-M-27498-2023 (O & M) -3-
10. 13.12.
sheetal Sheetal 2023.12.15 16:07 | attest to the accuracy and integrity of this document Chandigarh I have heard counsel for the parties and considered their respective submissions.
Petitioner has been in custody for the last more than 26 months and has an unblemished past. Trial is at a nascent stage with a remote possibility of an early conclusion. This Court is, therefore, of the view that the case of the petitioner would fall within four comers of the judgments of the Supreme Court in Dheeraj Kumar Shukla Versus The State of Uttar Pradesh, 2023 SCC Online SC
918. Considering the above, this Court is inclined to accept the prayer made in the petition.
Without adverting to the merits or de-merits of the arguments addressed, petition is allowed. Petitioner is ordered to be released on bail on furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.
It is clarified that any observation made hereinabove shall not be construed to be an expression of opinion on the merits of the case.
2023 (SUVIR SEHGAL) JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No