Gurpreet Singh vs State Of Punjab
2023 Latest Caselaw 5293 P&H

                         CRM-M-19321-2023                        -1-          2023:PHHC:058133

                            IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                         222
                                                                 CRM-M-19321-2023

                                                                 Date of Decision: 25.04.2023

                         Gurpreet Singh
                                                                            .... Petitioner

                                                   Versus
                         State of Punjab
                                                                            .... Respondent

                         CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

                         Present: -   Ms. Prabhjot Kaur, Advocate for the petitioner.

                                      Mr. Jaspal Singh Guru, AAG, Punjab.

                         ASHOK KUMAR VERMA, J. (ORAL)

Custody certificate dated 23.04.2023 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.0080 dated

01.10.2022 registered under Section 18 of the NDPS Act at Police Kheri

Gandian, Patiala.

According to the prosecution story, the petitioner was

apprehended by the police with conscious possession of 2.7 kgs of

opium, without any licence or permit.

Learned counsel, inter alia, contends that petitioner has

falsely been implicated in the present case. The quantity of contraband

allegedly recovered from the petitioner i.e. 2.7 kgs of opium is slightly

above the 'commercial quantity'. Petitioner is not involved in any other

case. After completion of investigation, challan has already been

presented before the trial Court and the case is at the stage of framing of

RISHU KATARIA 2023.04.25 14:46 I attest to the accuracy and authenticity of this order/judgment CRM-M-19321-2023 -2- 2023:PHHC:058133

charge. Nothing has to be recovered from him. Petitioner is in custody

since 01.10.2022. Trial is likely to take long time. No useful purpose

will be served by further detention of the petitioner in custody. Thus, it is

prayed that he may be released on regular bail.

On the other hand, learned counsel for the State vehemently

opposed the submissions made by learned counsel for the petitioner.

However, he fairly conceded the fact that petitioner is not involved in

any other case.

Keeping in view the facts and circumstances of the case,

custody period of the petitioner, the fact that he is not involved in any

other case and also that the quantity of contraband recovered from the

petitioner is slightly above the 'commercial quantity', but without

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

petitioner deserves the concession of regular bail.

Therefore, the petition is allowed and petitioner, namely;

Gurpreet Singh, is ordered to be released on regular bail on his

furnishing bail/surety bonds to the satisfaction of the trial Court/Duty

Magistrate/Chief Judicial Magistrate, concerned.

                         25.04.2023                                    (ASHOK KUMAR VERMA)
                         rishu                                                JUDGE


                                        Whether speaking/reasoned              Yes/No

                                        Whether Reportable                     Yes/No




RISHU KATARIA
2023.04.25 14:46
I attest to the accuracy and
authenticity of this order/judgment