Kuldeep Singh vs State Of Punjab
2022 Latest Caselaw 12003 P&H

                                   206

                                                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                                CHANDIGARH

                                                                                     CRM-M-30020-2021 (O&M)
                                                                                      Date of decision : 22.09.2022


                                   Kuldeep Singh                                                       ... Petitioner(s)

                                                                          Versus

                                   State Of Punjab                                                   ... Respondent(s)



                                   CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                                   Present :         Mr. G.S. Sandhu, Advocate for the petitioner.

                                                     Ms. Jasleen Kaur Sidhu, DAG Punjab.



                                   ALKA SARIN, J. (ORAL)

This is the second petition under Section 439 of the Code of

Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR

No.274 dated 11.10.2020 under Section 22(C) of the Narcotic Drugs and

Psychotropic Substances Act, 1985 registered at Police Station Kotbhai,

District Sri Muktsar Sahib. The first petition being CRM-M-2022-2021 was

dismissed as withdrawn on 19.01.2021.

Learned counsel for the petitioner would contend that the

petitioner has been in custody since 11.10.2020. It is further the contention

of learned counsel that the petitioner has no other case pending against him.

It is further contended that the recovery in the present case is 1450 tablets

containing salt Tramadol Hydrochloride the total weight of which comes to

YOGESH SHARMA 593 grams. It is further the contention that the said recovery is from two 2022.09.26 10:19 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh

persons. Learned counsel for the petitioner has further contended that the

challan in the present case was filed on 08.04.2021 and out of 26 prosecution

witnesses, none had been examined till date.

Learned counsel for the State is not in a position to deny the

fact that though the challan was filed on 08.04.2021, as per the status report,

out of 26 prosecution witnesses no witness has been examined till date. The

petitioner has been in custody since 11.10.2020 and that there is no other

case pending against the petitioner.

Heard.

In the present case the recovery from the petitioner and his

co-accused was 1450 tablets containing salt Tramadol Hydrochloride the

total weight of which comes to 593 grams. The petitioner has been in

custody since 11.10.2020 and there is no other case pending against him.

The challan in the present case was filed on 08.04.2021 and out of 26

prosecution witnesses, none had been examined till date. The trial is likely to

take some time to conclude. Without commenting upon the merits of the

case, I deem it fit to grant the concession of regular bail to the petitioner.

The petitioner is directed to be released on bail subject to his furnishing bail

bonds/surety bonds to the satisfaction of the Trial Court/Duty

Magistrate/Judge, Special Court concerned.

However, the Prosecution will always be at liberty to apply for

cancellation of bail in case the petitioner is found to be misusing the

concession of bail in any manner.

YOGESH SHARMA 2022.09.26 10:19 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh

It is also made clear that any observation made herein shall not

be treated as an expression of opinion on the merits of the case.

Disposed off.

                                                                                   ( ALKA SARIN )
                                   22.09.2022                                           JUDGE
                                   Yogesh Sharma

NOTE : Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

YOGESH SHARMA 2022.09.26 10:19 I attest to the accuracy and integrity of this order/judgment Punjab and Haryana High Court, Chandigarh