Citation : 2021 Latest Caselaw 2961 P&H
Judgement Date : 12 October, 2021
256 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
****
CRM-M No.42052 of 2021 (O&M) Date of Decision: 12.10.2021
Preetpal Singh alias Preeta ..... Petitioner
Versus State of Punjab ..... Respondent
CORAM: HONBLE MR. JUSTICE SUDIP AHLUWALIA
Present: Mr. Chandan Singh Rana, Advocate, for the petitioner.
Mr. B.S. Sewak, Addl. A.G., Punjab.
SUDIP AHLUWALIA J. (ORAL)
The instant petition has been filed under Section 439 of the
Code of Criminal Procedure seeking regular bail in case FIR No.181, dated
05.09.2019, registered under Sections 15/25/61/85 of NDPS Act, at Police
Station P.S. Sidhwan Bet, District Ludhiana.
2. By now the petitioner has remained in detention for more than
02 years since 12.09.2019.
3. It has been alleged that recovery of 260 Kgs. of Poppy Husk
had been effected from the truck in which the petitioner was travelling.
3. Ld. Counsel for the petitioner has placed reliance upon the
following judgments passed by different Benches of this Court in which the
concerned accused persons were granted regular bail when the recovery
from all the petitioners is of matching quantity of contraband or even more:-
1. CRM-M No.35605 of 2020 - Gobind Singh vs. State of Haryana;
2. CRM-M No.36335 of 2020 - Lakhwinder Singh @ Lakha vs. State of Punjab;
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3. CRM-M No.21747 of 2021 - Harwinder Singh @ Joga and another vs. State of Punjab and
4. CRM-M No.31632 of 2020 - Harnab Singh vs. State of Punjab.
4. After completion of the investigation, the challan against the
petitioner has already been submitted. Trial in this case has yet to
commence and is likely to take its own substantial time to complete since
even the first witness of the prosecution side is yet to be examined.
5. In such circumstances, further detention of the Petitioner for an
indefinite period, at this stage, is certainly not called for. He is therefore
permitted to be now released on bail subject to appropriate terms and
conditions to the satisfaction of the Ld. Trial Court/ Duty Magistrate
concerned.
6. Disposed off.
12.10.2021 (SUDIP AHLUWALIA) rittu JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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