Natha Singh vs State Of Punjab
2022 Latest Caselaw 14180 P&H

205
              IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                             CHANDIGARH

                                                   CRM-M-47984-2021
                                                   Date of decision : 11.11.2022



Natha Singh                                        ....... Petitioner (s)




                                    Versus




State of Punjab                                            ........ Respondent (s)


CORAM:        HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:      Mr. Amaninder Preet, Advocate
              for petitioner (s).

              Mr. V.G. Jauhar, Additional A.G. Punjab.

              -.-                        -.-

HARINDER SINGH SIDHU, J.

This is a petition filed under Section 439 Cr.P.C. for grant of regular bail in FIR No. 17 dated 17.4.2021 registered under Sections 21, 22, 29 of NDPS Act, 1985 at Police Station Sehna, District Barnala. (The challan has been filed under Sections 21C, 22C, 29 of NDPS Act, 1985 and under Section 473 IPC and charges have been framed under Sections 21, 22, 29 of NDPS Act and under Sections 471, 465 IPC).

As per allegations in FIR, on receipt of secret information, Sandeep Singh, Jagsir Singh alias Jagga and Natha Singh (petitioner) were apprehended. 330 grams Alpazolam tablets were recovered from Sandeep Singh and Jagsir Singh alias Jagga whereas 313 grams heroin was recovered from petitioner.

The investigation in the case is complete. Petitioner is in custody since 20.6.2021. 33 prosecution witnesses have been cited. However, only one prosecution witness has been examined so far. No other case under the NDPS Act or under any other offence is stated to be registered against petitioner.

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Mr. Amaninder Preet, learned counsel for petitioner has referred to two judgments of Hon'ble the Supreme Court in Shariful Islam alias Sarif Versus State of West Bengal (Petition for Special Leave to Appeal (Crl.) No. 4173-2022, decided on 22.3.2022) and Nitish Adhikary alias Bapan Versus State of West Bengal (Petition for Special Leave to Appeal (Crl.) No. 5769-2022, decided on 4.5.2022) wherein petitioners were granted bail for offences under the NDPS Act considering their custody period and the fact that the trail had not progressed.

In view of decisions of Hon'ble the Supreme Court in Shariful Islam (supra) and Nitish Adhikary alias Bapan (supra) and considering the custody period of petitioner and the fact that the trial has not progressed, no useful purpose would be served by keeping the petitioner behind bars. Hence, petition is allowed. Petitioner Natha Singh is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned.

However, if petitioner indulges in any activity of similar nature, while on bail, prosecution agency will be at liberty to seek cancellation of order granting bail to petitioner.

                                                  (HARINDER SINGH SIDHU)
                                                        JUDGE

11.11.2022
sjks




Whether reasoned order :          Yes / No
Whether reportable         :      Yes / No




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