Raju Singh vs Union Territory Chandigarh
2023 Latest Caselaw 11535 P&H

RAJ KUMAR
2023.08.01 17:58

2023:PHHC:098518

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
219
CRM-M_No.35990 of 2023
DATE OF DECISION : 1" August, 2023

Raju Singh
...- Petitioner
Versus

Union Territory, Chandigarh
.... Respondent

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

keke

Present: | Mr. Vivek Kathuria, Advocate for the petitioner.

3K OK OK 2
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 439 of the Code of Criminal Procedure, for grant of bail pending trial in case FIR No.153 dated 25.11.2022 registered under Section 21 of the Nartotic Drugs and Psychotropic Substances Act at Police Station Sector-26, Chandigarh.

2. It is submitted by learned counsel for the petitioner that the case against the petitioner is false and concocted. The petitioner is not involved in the crime as alleged against him. For the purpose of connecting the petitioner to the crime, the police have fabricated the alleged recovery of 265 grams of heroin. Even, the said weight was done by the alleged Recovering Officer along with the carry bag so as to make the quantity commercial. There is no other case pending against the petitioner. The petitioner is in custody since 25.11.2022. The petitioner is not required for any investigation purposes. Therefore, the petitioner deserves to be released on bail pending trial.

3, Notice of motion.

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RAJ KUMAR 2023.08.01 17:58 | attest to the accuracy and

CRM-M_ No.35990 of 2023 2023:PHHC:098518

4. Mr. Vipul Jindal, Additional Public Prosecutor, Chandigarh, accepts notice on behalf of the respondent-Union Territory. Learned State Counsel submits that the recovery from the petitioner is commercial quantity. Therefore, it cannot be said that the petitioner has not committed any offence. Therefore, the petitioner does not deserve any concession of bail. However, it is not disputed by learned State counsel that there is no other case against the petitioner under the NDPS Act and that the petitioner is in custody since 25.11.2022.

5. In view of the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty

Magistrate, concerned.

1* August, 2023 (RAJBIR SEHRAWAT) 'Taj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

integrity of this document/judgment