Shyam Sunder Paswan vs State Of Haryana
2023 Latest Caselaw 5430 P&H

                         CRM-M-15016-2023                       -1-          2023:PHHC:059285

                            IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                         234

                                                                CRM-M-15016-2023

                                                                Date of Decision: 26.04.2023


                         Shyam Sunder Paswan

                                                                           .... Petitioner

                                                   Versus

                         State of Haryana

                                                                           .... Respondent

                         CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

                         Present: -   Mr. Mohan Singh Rana, Advocate for
                                      Mr. Lalit Kumar Yadav, Advocate for the petitioner.

                                      Mr. Gaurav Bansal, AAG, Haryana.

                         ASHOK KUMAR VERMA, J. (ORAL)

1. Custody certificate dated 25.04.2023, filed by learned

counsel for the State is taken on record.

2. The petitioner has filed the present petition under Section

439 Cr.P.C., for grant of regular bail in case FIR No. 269 dated

22.11.2022 registered under Section 22(b)(ii)(B) of the NDPS Act at

Police Station Sushant Lok, District Gurugram.

3. According to the prosecution story, on 02.01.2023, the

petitioner was apprehended by the police with conscious possession of

2 Kg. and 100 grams of Ganja, without any permit of licence.

4. Learned counsel, inter alia, contends that the petitioner has

been falsely implicated in the present case. The quantity contraband

recovered from the petitioner falls within the category of 'intermediate RISHU KATARIA 2023.04.27 14:02 I attest to the accuracy and authenticity of this order/judgment CRM-M-15016-2023 -2- 2023:PHHC:059285

quantity'. Petitioner is not involved in any other case. He is in custody

since 22.11.2022. The 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 the petitioner may be released on regular bail.

5. On the other hand learned State counsel vehemently

opposed the submissions of learned counsel for the petitioner. However,

he fairly conceded the fact that the petitioner is not involved in any other

case.

6. Keeping in view the facts and circumstances of the case,

period of custody and the fact that the quantity of contraband recovered

from the petitioner falls within the category of 'intermediate quantity'',

but without commenting anything on merits of the case, the present

petition is allowed.

7. Petitioner-Shyam Sunder Paswan, is ordered to be released

on regular bail on his furnishing personal/02 surety bonds, out of which

01 should be a local surety to the satisfaction of the trial Court/Duty

Magistrate/Chief Judicial Magistrate concerned.

                         26.04. 2023                                  (ASHOK KUMAR VERMA)
                         rishu                                               JUDGE


                                       Whether speaking/reasoned             Yes/No

                                       Whether Reportable                    Yes/No




RISHU KATARIA
2023.04.27 14:02
I attest to the accuracy and
authenticity of this order/judgment