Nadeem Akhtar @ Rohit vs State Of Punjab
2023 Latest Caselaw 13912 P&H

Citation : 2023 Latest Caselaw 13912 P&H
Judgement Date : 23 August, 2023

Punjab-Haryana High Court

Nadeem Akhtar @ Rohit vs State Of Punjab on 23 August, 2023

VIMAL KUMAR
2023.08.23 19:49

2023:PHHC:110463

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-40287-2023 (O&M)
Date of Decision: 23.08.2023

Nadeem Akhtar @ Rohit ...Petitioner
Versus

State of Punjab ... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present: Mr. P.S.Sekhon and Mr. Kaushal Chahal, Advocates,
for the petitioner.

Mr. Inderpreet Singh Kang, AAG Punjab.

FIR No. | Dated Police Station Section/s

123 19.08.2019 | City-1, Malerkotla | 21, 22/61/85 of NDPS Act

GURVINDER SINGH GILL, J. (Oral)

The petitioner seeks grant of regular bail in respect of aforementioned FIR.

As per the case of the prosecution, the petitioner was apprehended pursuant to receipt of a secret information, while in possession of 230 tablets, 36 gram smack and 57 vials of Onrex.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case. It has further been submitted that the petitioner has been behind bars for a substantial period of more than 04 years and that since the trial is proceeding at snail's pace, the petitioner deserves the concession of regular bail.

On the other hand, learned State counsel has submitted that since the

petitioner was caught red handed at the spot and huge quantity of

| attest to the accuracy and authenticity of this document

CRM-M-40287-2023 (O&M)

contraband was recovered from him, he does not deserve the concession

of bail. Learned State counsel has, however, informed that the petitioner

has been behind bars since the last more than 04 years. Learned State

counsel has also informed that the petitioner is not involved in any other

case and out of cited 17 PWs, only 5 PWs have been examined till date.

5. This Court has considered rival submissions.

6. Since the petitioner seeks grant of bail mainly on account of long

custody, it is apposite to refer to a few judgments of Hon'ble Supreme

Court in this regard wherein Hon'ble Supreme Court has granted the

concession of bail solely on ground of long custody:

No.8653-2022

7. Hon'ble Supreme Court in yet another judgment dated 25.01.2023 arising

out of SLP No.6690-2022 titled Dheeraj Kumar Shukla Vs. State of

VIMAL KUMAR 2023.08.23 19:49 | attest to the accuracy and authenticity of this document

CRM-M-40287-2023 (O&M) -3-

10.

VIMAL KUMAR 2023.08.23 19:49

Uttar Pradesh has granted bail in a case registered under the NDPS Act

where the accused alongwith co-accused was found in possession of 'commercial' quantity of Ganja and had been behind bars since the last two and a half years while observing that in the absence of any criminal antecedents, the conditions of Section 37 of the NDPS Act could be dispensed with at that stage, particularly when there was delay in conclusion of trial. Recently, the Hon'ble Supreme Court vide order

dated 15.03.2023 passed in SLP(Criminal) No.1166/2023 titled 'Chet

Ram @ Ram Veer Vs. Union of India' has also granted bail to an accused

on account of long custody, although he was also involved in another case under NDPS Acct.

Keeping in view the totality of the facts and circumstances of the case particularly the long custody of the petitioner i.e. more than 04 years and his clean record, the petition merits acceptance and is hereby accepted. The petition, as such, is allowed and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

It is, however, directed that in case the petitioner is found to be indulging in similar offence again, the prosecution would be at liberty to move an

application for cancellation of bail before this Court.

23.08.2023 (GURVINDER SINGH GILL) Vimal JUDGE

Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

| attest to the accuracy and authenticity of this document