Citation : 2022 Latest Caselaw 8007 P&H
Judgement Date : 28 July, 2022
223 CRM-M-31890-2022(O&M)
SANDEEP SINGH @ SONI VS STATE OF PUNJAB
Present: Mr. Rahul Arora, Advocate for the petitioner.
Mr. Kirat Singh Sidhu, D.A.G, Punjab.
*****
The petitioner seeks the grant of interim regular bail under
Section 439 Cr.P.C in case bearing FIR No.47 dated 04.06.2022
(Annexure P-1) registered under Section 22 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (offence under Section 29 of NDPS
Act added later on) at Police Station Ghall Khurd, District Ferozepur.
2. The brief facts of the case are that the FIR came to be
registered on the basis of secret information that Sandeep Singh alias
Soni son of Jasbir Singh and Paramjeet Kaur @ Pammi wife of Jasbir
Singh were in the habit of selling of intoxicating tablets and could be
apprehended that day if a picket was laid at an appropriate place. Based
on the said information, a picket was laid and the petitioner was arrested.
On his arrest, recovery of 840 intoxicating tablets of Lomotil having
batch No.03L21050 and 240 intoxicating tablets of Lomotil having
batch No.03L21056 (total 1080 tablets) were recovered from the pocket
of trouser worn by him.
3. The Counsel for the petitioner submits that he is in custody
since 04.06.2022, the investigation is complete and the challan has been
prepared and as such, as the FSL report is awaited the petitioner
deserves the concession of interim regular bail as per the judgment in
Inderjit Singh Laddi Versus State of Punjab 2014(3) RCR
(Criminal) 953 and Channa @ Chiranjit Lal Versus State of
Haryana passed in CRM-M-43308-2020 , decided on 12.01.2021.
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4. The Counsel for the State on the other hand submits that the
petitioner does not deserve the concession of bail since the recovery is
of commercial quantity of contraband. However, he does not dispute the
law laid down in Inderjit Singh Laddi's case (supra).
5. I have heard learned Counsel for both the sides.
6. Admittedly, the petitioner is in custody since 04.06.2022.
The report of the FSL is still awaited as to the actual contents of the
contraband. Therefore, in view of the judgment in Inderjit Singh
Laddi's case (supra) and considering the period of detention undergone
by the petitioner, at this stage, he is permitted to be released on interim
bail to the satisfaction of the learned trial Court/Duty Magistrate
concerned till the receipt of Chemical Analysis Report pertaining to the
seized contraband.
7. Adjourned to 01.11.2022.
(JASJIT SINGH BEDI) JUDGE 28.07.2022 JITESH
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