Shakil Ahmad Alias Salim vs State Of Haryana
2023 Latest Caselaw 4072 P&H

                        CRM-M-48265-2022                 -1-                2023:PHHC:051702



                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        227
                                                               CRM-M-48265-2022

                                                               Date of Decision: 13.04.2023

                        Shakil Ahmad @ Salim
                                                                                   .... Petitioner


                                                  Versus
                        State of Haryana
                                                                                   .... Respondent

                        CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

                        Present: -    Mr. Nitin Sharma, Advocate for the petitioner.

                                      Mr. Munish Sharma, AAG, Haryana.

                        ASHOK KUMAR VERMA, J. (ORAL)

Custody certificate dated 12.04.2023, filed by learned

counsel for the State is taken on record.

The petitioner has filed the present petition under Section 439

Cr.P.C., for grant of regular bail in case FIR No. 0062 dated 26.02.2022

registered under Section 21(C) of the NDPS Act at Police Station

Narwana Sadar, Jind.

Brief facts of the case are that on 26.02.2022, the police

apprehended co-accused of the petitioner, namely; Sonu @ Sanjay and

co- accused Ram Kishan @ Kishan, on the basis of secret information,

while coming on Cruiser Vehicle. On search, 412 grams of heroin was

recovered from Sonu @ Sanjay and 102 grams of heroin was recovered

from Ram Kishan @ Kishan which they possessed without any licence or

permit. They both were arrested and suffered a disclosure statement that

RISHU KATARIA 2023.04.15 15:17 I attest to the accuracy and authenticity of this order/judgment CRM-M-48265-2022 -2- 2023:PHHC:051702

the petitioner and co-accused-Akbar, had supplied the recovered heroin to

them.

Learned counsel for the petitioner, inter alia, contends that

petitioner was not apprehended at the spot. He has falsely been implicated

in the case on the basis disclosure statement suffered by his co-accused,

which is a very weak type of evidence. Nothing has to be recovered from

the petitioner. He is not involved in any other case under the NDPS Act.

Petitioner is in custody since 24.05.2022. Trial is likely to take time and no

purpose will be served by keeping the petitioner in custody. Co-accused of

the petitioner, namely; Ram Kishan @ Kishan, had already been enlarged

on bail by the trial Court. Thus, it is prayed that the petitioner may also be

granted the concession of regular bail.

On the other land, learned State Counsel has opposed the

present petition in terms of reply dated 24.03.2023 which is already filed

in the Registry. However, he fairly conceded the fact that 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,

custody period of the petitioner and also the fact that petitioner is not

involved in any other case under the NDPS Act, but without commenting

on the merits of the case, I am of the considered view that the petitioner

deserves the concession of regular bail.

RISHU KATARIA 2023.04.15 15:17 I attest to the accuracy and authenticity of this order/judgment CRM-M-48265-2022 -3- 2023:PHHC:051702

Accordingly, the present petition is allowed and petitioner-

Shakil Ahmad @ Salim, 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.

                        13.04.2023                                (ASHOK KUMAR VERMA)
                        rishu                                            JUDGE


                                      Whether speaking/reasoned           Yes/No

                                      Whether Reportable                  Yes/No




RISHU KATARIA
2023.04.15 15:17
I attest to the accuracy and
authenticity of this order/judgment