Balwinder Singh vs State Of Punjab
2021 Latest Caselaw 2906 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


220                                     CRM-M-9423-2020
                                        Date of decision : 06.10.2021.

Balwinder Singh
                                                      ... Petitioner
                   Versus

State of Punjab
                                                     .. Respondent

CORAM :HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:-    Mr. Ranjodh Singh Sidhu, Advocate for the petitioner.

             Mr. Dhruv Dayal, Senior DAG, Punjab.

                   ***

Anupinder Singh Grewal, J. (Oral)

The petitioner is seeking regular bail in FIR No.175 dated

11.09.2018 under Section 22 of the NDPS Act registered at Police Station City

Patti, District Tarn Taran.

Learned counsel for the petitioner contends that it is alleged that

815 intoxicant tablets of Tramadol with a total weight of 333.33 grams were

allegedly recovered from the petitioner. He further contends that the petitioner

is in custody for almost two years and is not involved in any other case under

the NDPS Act. He also contends that the trial has not commenced due to the

Covid-19 pandemic. He has relied upon the judgments of the Coordinate

Benches of this Court in the cases of Manjit Singh @ Baggar vs. State of

Punjab, in CRM-M-33171 of 2019, decided on 13.08.2020 wherein the

petitioner was granted regular bail after one year in a case where 400 strips of

Tredol-100 was effected from him, Rakesh @ Rinku versus State of

Haryana, in CRM-M-34555-2019, decided on 07.09.2021 wherein the

petitioner, a first offender, was granted regular bail after two years five months

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in a case where 3000 tablets of Tramadol were effected from him and Bhim

Sain versus State of Haryana, 2020(3) RCR (Criminal) 866 wherein the

petitioner, a first offender, was granted regular bail after one year, two months

in a case where 18750 tablets of Tramadol were effected.

Learned State counsel, upon instructions from ASI Jagjit Singh,

states that although charges have been framed but no prosecution witness has

been examined so far. He has filed custody certificate in Court, which indicates

that the petitioner is in custody for 01 year, 11 months and 15 days as on

05.10.2021.

Heard.

In view of the above especially when the petitioner is in custody

for almost two years, he is not involved in any other case under the NDPS Act,

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.

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.

                                           (ANUPINDER SINGH GREWAL)
                                                   JUDGE
October 06, 2021
sonia gugnani


                Whether speaking/reasoned         :    Yes/No
                Whether Reportable                :    Yes/No




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