Punjab-Haryana High Court
Deen Dayal vs State Of Punjab on 12 April, 2023
CRM-M-15897-2023 -1- 2023:PHHC:049978
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
221
CRM-M-15897-2023
Date of Decision: 12.04.2023
Deen Dayal
.... Petitioner
Versus
State of Punjab
.... Respondent
CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA
Present: - Mr. Naveen Sharma, Advocate for the petitioner.
Mr. Jaspal Singh Guru, AAG, Punjab.
ASHOK KUMAR VERMA, J. (ORAL)
Custody certificate dated 11.04.2023, filed by learned
counsel for the State is taken on record.
The petitioner has filed the present petition under Section 439
of the Code of Criminal Procedure, 1973 for grant of regular bail in case
FIR No. 42 dated 04.04.2022 registered under Section 18/61 of the NDPS
Act at Police Station Division No. 2, District Ludhiana.
As per prosecution story, on 04.04.2022, the aforesaid FIR
was lodged on the basis secret information against the petitioner and his
accomplices. Thereafter, the petitioner along with his accomplices,
namely, Sarvesh, Vijay Singh and Deepak Kumar @ Babbu, was
apprehended with conscious possession of 2 kgs. 600 gms. of opium,
without any permit or licence in auto rickshaw bearing registration
No. PB-10-DZ-4182.
Learned counsel for the petitioner, inter alia, contends that the
RISHU KATARIA
2023.04.13 13:37
I attest to the accuracy and
authenticity of this order/judgment
CRM-M-15897-2023 -2- 2023:PHHC:049978
petitioner has falsely been implicated in the instant case. The recovery was
effected from the auto-rickshaw and the petitioner was only the occupant.
The contraband recovered from the petitioner and his co-accused is
marginally above the 'non-commercial quantity'. He is not involved in any
other case under the NDPS Act. The petitioner is in custody since the date
of his arrest. Trial is likely to take time and no purpose will be served by
keeping the petitioner in custody. More so, co-accused of the petitioner,
namely, Deepak Kumar @ Babbu, Vijay Singh and Sarvesh Singh, have
already been granted the concession of regular bail by this Court vide
orders dated 16.01.2023 (Annexure P-2) and 27.03.2023, passed in
CRM-M Nos. 63-2023, 36759 and 36434-2022, respectively. Thus, it is
prayed that treating the case of the petitioner on the same parity as that of
his co-accused, he may also be granted the concession of regular bail.
On the other land, learned State Counsel has vehemently
opposed the submissions made by learned counsel for the petitioner.
However, learned counsel for the State fairly conceded the fact that the
petitioner is not involved in any other case under the NDPS Act.
I have heard learned counsel for the parties and carefully
gone through the record.
Keeping in view the facts and circumstances of the case, the
fact that alleged recovery of opium from the petitioner and his co-accused
is marginally above the 'non-commercial quantity', also the fact that he is
not involved in any other case under the NDPS Act and treating the case
of the petitioner on the same parity as that of his co-accused, namely;
Deepak Kumar @ Babbu, Vijay Singh and Sarvesh Singh , who are already
RISHU KATARIA
2023.04.13 13:37
I attest to the accuracy and
authenticity of this order/judgment
CRM-M-15897-2023 -3- 2023:PHHC:049978
enlarged on bail, but without commenting on the merits of the case, I am
of the considered view that the petitioner deserves the concession of
regular bail.
Accordingly, the present petition is allowed and
petitioner-Deen Dayal, is ordered to be released on regular bail subject to
his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty
Magistrate/Chief Judicial Magistrate concerned.
However, the State will be at liberty to file application for
cancellation of petitioner's bail, if he is found involved in any other case
under the NDPS Act, during the period of bail.
12.04.2023 (ASHOK KUMAR VERMA)
rishu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
RISHU KATARIA
2023.04.13 13:37
I attest to the accuracy and
authenticity of this order/judgment
