Punjab-Haryana High Court
Charanjeet Singh @ Kala vs State Of Punjab on 2 August, 2023
Neutral Citation No:=2023:PHHC:101200
CRM-M-31889-2023 - 1-
2023:PHHC:101200
216 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-31889-2023
Date of Decision: 02.08.2023
Charanjeet Singh @ Kala ...Petitioner
Vs.
State of Punjab ...Respondent
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present: Mr. Harshit Jain, Advocate
for the petitioner.
Mr. M.S. Bajwa, DAG, Punjab.
***
N.S.Shekhawat J.
1. Custody certificate 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. 16 dated 16.02.2023 registered
under Sections 18/61/85 of the NDPS Act at Police Station Mulepur, District
Fatehgarh Sahib.
3. According to the prosecution story, the petitioner was found in
conscious possession of 2 kgs 560 grams of opium, without any permit or
licence.
4. Learned counsel for the petitioner, inter alia contends that the
petitioner has been falsely implicated in the present case. The quantity of
contraband recovered from the petitioner is marginally above the 'commercial
quantity'. No independent witness was joined by the police party. Petitioner is
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not involved in any other case. He is in custody since 16.02.2023. 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.
In support of his contentions, learned counsel for the petitioner has relied upon
judgments in (i) CRM-M-37684-2021, Balwinder Singh vs. State of Punjab,
decided on 14.02.2022; (ii) CRM-M-8212-2022, Tajinder Singh vs. State of
Punjab, decided on 03.03.2022 and (iii) CRM-M-35186-2016, Manjit Kaur @
Jeeto vs. State of Punjab, decided on 01.12.2016.
5. 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.
6. Keeping in view the facts and circumstances of the case, custody
period of the petitioner and also the fact that the quantity of alleged contraband
is marginally 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.
7. Therefore, the petition is allowed and petitioner, namely;
Charanjeet Singh @ Kala, is ordered to be released on regular bail on furnishing
of bail/surety bonds to the satisfaction of the trial Court/Chief Judicial
Magistrate concerned.
(N.S.SHEKHAWAT)
02.08.2023 JUDGE
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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