Bohar Singh @ Bohra vs State Of Punjab
2021 Latest Caselaw 10 P&H

CRM-M-42958-2020                                                               -1-


           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                CRM-M-42958-2020 (O&M)
                                                Date of decision: 04.01.2021

Bohar Singh @ Bohra
                                                                    ... Petitioner
                                          Vs.


State of Punjab
                                                                   ... Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Tarun Sharma, Advocate
             for the petitioner.

             Mr. Joginder Pal Ratra, DAG, Punjab.

                   *******
ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for grant of regular bail in FIR No.0169

dated 31.10.2020 under Section 18 of NDPS Act, registered at Police Station

Kulgari, District Ferozepur.

Learned counsel for the petitioner submits that as per allegations in

the FIR, registered on a secret information that the petitioner along with co-

accused Rajwant Kaur are selling opium, the petitioner was apprehended and

800 grams of opium was recovered. It is further submitted that recovery is of

non-commercial quantity and the petitioner is not involved in any other case

and FSL report is still awaited. Learned counsel for the petitioner has relied

upon Inderjeet Singh @ Laddi and others vs State of Punjab, 2014 (3) RCR

(Criminal) 953 to contend that till report of the FSL is received, the petitioner

may be released on interim bail.

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Learned State counsel has filed the custody certificate dated

02.01.2021 in the Court today and as per this custody certificate, the petitioner

is in custody for the last more than two months and is not involved in any other

case.

Without commenting anything upon merits of the case and in view

of the judgment of this Court in Inderjeet Singh @ Laddi's case (supra),

wherein it has been held that awaiting the report of Chemical Examiner/FSL,

the sentence of the petitioner can be suspended till receiving of such report, this

petition is disposed of and the petitioner is directed to be released on interim

bail subject to furnishing his bail/surety bonds to the satisfaction of the trial

Court/Illaqa Magistrate/Duty Magistrate, till receiving of the FSL report.

The petitioner shall submit an undertaking before the trial Court

along with his bail/surety bonds that he will surrender before the trial Court on

receiving the report of FSL.

                                          [ ARVIND SINGH SANGWAN ]
04.01.2021                                         JUDGE
vishnu


Whether speaking/reasoned : Yes/No

Whether Reportable        : Yes/No




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