Punjab-Haryana High Court
Saroj Rani vs State Of Punjab on 25 April, 2023
2023:PHHC:058393
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.103+207 CRM-15296-2023 in/and
CRM-M-37844-2022
Date of Decision : April 25, 2023
Saroj Rani ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL
Present: Mr. Karandeep Singh Sidhu, Advocate, for the petitioner.
Mr. Gurlal Singh Dhillon, AAG, Punjab.
*****
SUDHIR MITTAL, J. (ORAL)
CRM-15296-2023
Allowed as prayed for.
Annexures P-3 to P-5 are taken on record. Exemption sought
is granted.
CRM-M-37844-2022
This petition has been filed for grant of regular bail in FIR
No.125, dated 24.05.2022, registered at Police Station Guru Harsahai,
District Ferozepur, under Section 22 of NDPS Act, 1985.
2. The aforementioned FIR was registered on account of recovery
of 200 tablets of Etizolam .5 mg and Elirelax .5 mg., each strip containing
10 tablets.
3. Learned counsel for the petitioner has submitted that no batch
number was mentioned on any of the strips. Only 02 strips i.e. 20 tablets
were sent for chemical examination and thus, it cannot be said that
commercial quantity of contraband was recovered. The petitioner has been
ANKUR GOYAL
2023.04.25 15:49
I attest to the accuracy and
integrity of this order/judgment
2023:PHHC:058393
CRM-15296-2023 in/and CRM-M-37844-2022 --2--
in custody for more than 11 months and there is no other criminal case
pending/decided against him. The trial is not likely to be concluded at an
early date as only charges have been framed as yet.
4. Custody certificate dated 24.04.2023 checked by Sh.Gurnam
Lal, Jail Superintendent, Central Jail, Ferozepur has been filed in Court.
The same is taken on record. A perusal thereof shows that the petitioner
has undergone actual custody of 11 months and 03 days and there is no
other criminal case pending/decided against him.
5. Learned State counsel concedes that charges have been framed
but examination of Pws has not yet commenced.
6. From the above, it can safely be stated that this case cannot be
said to be one of recovery of commercial quantity of contraband. The trial
is not likely to be concluded at an early date and keeping in view the period
of custody undergone as well as the fact that there is no other criminal case
pending/decide against him, the petitioner deserves the concession of
regular bail.
7. The petition is allowed. He is ordered to be released on bail on
his furnishing bail and surety bonds to the satisfaction of the trial
Court/Duty Magistrate concerned.
8. Nothing stated hereinabove shall be construed to be an opinion
on the merits of the case.
April 25, 2023 (SUDHIR MITTAL)
Ankur JUDGE
Whether speaking/reasoned Yes
Whether Reportable No
ANKUR GOYAL
2023.04.25 15:49
I attest to the accuracy and
integrity of this order/judgment
