Punjab-Haryana High Court
Tajinderpal Singh Alias Teja vs State Of Punjab on 25 April, 2023
2023:PHHC:059591
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
215 CRM-M-10180-2023 (O&M)
Date of decision:25.04.2023
TAJINDERPAL SINGH ALIAS TEJA
...Petitioner(s)
VERSUS
STATE OF PUNJAB
...Respondent(s)
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. S.K. Sirsa, Advocate
for the petitioner.
Ms. Himani Arora, AAG Punjab.
****
GURBIR SINGH, J. (ORAL)
The present petition has been filed under Section 439 Cr.P.C. for grant
of regular bail to the petitioner in case bearing FIR No.003, dated 15.01.2023,
under Sections 21, 23 and 29 of Narcotic Drugs & Psychotropic Substance Act,
1985, registered at Police Station Amir Khas, District Fazilka.
Status report dated 25.04.2023 by way of an affidavit of Atul Soni,
PPS, Deputy Superintendent of Police, Sub Division Jalalabad, District Fazilka
on behalf of the respondent-State has been filed today in the Court and the same
is taken on record. A copy thereof has been supplied to the counsel opposite.
The case of the prosecution was that on the basis of secret information,
the petitioner along with non-applicants were apprehended by the police party.
The search was conducted as per rules, 40 grams of heroin was recovered from
him and the same was taken in possession.
Learned counsel for the petitioner submits that the co-accused had
already been granted bail. The petitioner is in custody since 19.01.2023. The
recovery is of non-commercial quantity.
Learned State counsel has filed custody certificate today in the Court
and the same is taken on record. A copy thereof has been supplied to the counsel
KUSUM
2023.04.26 18:15
opposite.
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
2023:PHHC:059591
CRM-M-10180-2023 (O&M) -2-
On asking from ASI, Chander Shekhar, she states that one dongle and
one mobile phone was recovered and the same was sent to FSL for retrieving the
data, but still no report is received. There are two other cases registered against
the petitioner earlier.
Learned counsel for the petitioner further submits that the earlier two
cases were registered against the petitioner in which one FIR No.127 dated
11.11.2018, Police Station Ghal Khurd District Ferozepur, under Section 21 of
NDPS Act., in which 10 grams of heroin was recovered from the petitioner and
the same also comes under non-commercial quantity and the other one is FIR
No.161 dated 29.09.2017, Police Station Sadar Patti, District Tarn Tarn, under
Section 21, 25 and 29 of NDPS Act and Section 25 of Arms Act. In both the
cases petitioner is on bail.
Heard.
Since the recovery in this case is of non-commercial quantity and
co-accused have already been granted the concession of bail. Keeping in view
the fact that the petitioner is in custody since 15.01.2023, the completion of trial
will also take a long time, no useful purpose would be served by keeping the
petitioner behind bars for a long period.
Accordingly, without commenting upon the merits of the case, the
present petition is allowed and the petitioner is directed to be released on regular
bail, on his furnishing bail bonds/surety bonds, to the satisfaction of learned Trial
Court/Duty Magistrate, concerned.
(GURBIR SINGH)
JUDGE
25.04.2023
kusum
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
KUSUM
2023.04.26 18:15
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court, CHD
