Amandeep Singh @ Aman vs State Of Punjab
2021 Latest Caselaw 4743 P&H

CRM-M No.53089 of 2021 (O&M)                                           -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                          CRM-M No.53089 of 2021 (O&M)
                                          Date of Decision:23.12.2021

Amandeep Singh @ Aman                                           ...Petitioner
                                        Versus
State of Punjab                                                ...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-    Mr. C.S. Rana, Advocate
             for the petitioner.

             Ms. Rashmi Attri, AAG, Punjab.

             ****

JAISHREE THAKUR, J. (ORAL)

This is a petition that has filed under Section 439 Cr.P.C.

seeking grant of regular bail to the petitioner in FIR No.70 dated 30.03.2019

under Sections 22 of the NDPS Act registered at Police Station Sadar

Khanna, District Khanna.

Learned counsel for the petitioner prays for grant of regular bail

to the petitioner by contending that only 10 of the loose tablets recovered

had been sent for testing to the FSL whereas in the judgment rendered in

Roopa Rani and another Vs. State of Punjab and another 2020 (1) Law

Herald 507, it has been held that in case loose tablets have been recovered,

the entire lot has to be sent to the FSL. It is further contended that the

investigation has been completed and the challan stands presented and

therefore, custody of the petitioner would no longer be required. The trial is

likely to take some time to conclude and therefore, concession of bail ought

to be granted to the petitioner.

Learned counsel appearing on behalf of the respondent-State

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opposes grant to bail to the petitioner by contending that recovery effected

is huge and the allegation levelled against the petitioner are serious in

nature.

I have heard learned counsel for the parties and have perused

the paper book. Keeping in view the fact that the investigation has been

completed and the challan stands presented and the fact that the petitioner is

in custody since 30.03.2019 and the trial is likely to take some time to

conclude, no useful purpose would be served in keeping the petitioner

behind bars. Consequently, the instant petition is allowed and the petitioner

is directed to be released on regular bail on his execution of adequate

personal/surety bonds to the satisfaction of concerned trial court/Duty

Magistrate. However, any observations made hereinbefore shall not be

construed as an expression on merits of the case and is limited only for the

purpose of decision of the instant bail petition.

                                                (JAISHREE THAKUR)
December 23, 2021                                    JUDGE
Pankaj*

                   Whether speaking/reasoned              Yes/No
                   Whether reportable                     Yes/No




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