Gursewak Singh vs State Of Punjab
2023 Latest Caselaw 21817 P&H

Punjab-Haryana High Court

Gursewak Singh vs State Of Punjab on 13 December, 2023

Author: Suvir Sehgal

Bench: Suvir Sehgal

2023:PHHC:160122

CRM-M-27498-2023 (O & M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH

223+146 CRM-M-27498-2023 (O & M)
Date of decision: 13.12.2023
GURSEWAK SINGH .. PETITIONER
VERSUS

STATE OF PUNJAB ... RESPONDENT
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Lupil Gupta, Advocate

for the petitioner.

Mr. Anup Singh, AAG, Punjab.

3K 2k 3k

SUVIR SEHGAL J. (ORAL)

CRM-49572-2023

1. Application is allowed as prayed for.

2. Rectified petition alongwith annexures is taken on record. Main Case

3. This is the 2" petition filed by the petitioner under Section 439

of Cr.P.C. for grant of regular bail in:-

FIR Dated Police Station Sections

No.

131 | 09.10.2021 | Nahianwala, 22 (c) and 29 of the NDPS District Bathinda | Act, 1985

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2023:PHHC:160122

CRM-M-27498-2023 (O & M) -2-

4. Case of the prosecution is that FIR, Annexure P-1, has been registered when during routine patrolling, a motorcycle was intercepted and recovery of 1900 tablets containing Tramadol Hydrochloride were recovered from the lady, who was on the pillion. On being questioned, she identified herself as Suman Kaur and the motorcycle driver disclosed his name as Gursewak Singh (present petitioner).

5. Counsel for the petitioner has urged that the petitioner was apprehended on 13.10.2021 and has been languishing in custody since then. He submits that despite the fact that co-accused, Suman Kaur, from whom recovery has been effected, has been released on regular bail by this Court vide order dated 27.04.2023, the trial is moving at a snail's pace. He submits that the petitioner, who has clean antecedents, deserves to be enlarged on bail.

6. Per contra, State counsel upon instructions, has opposed the petition and submits that as the recovery effected falls within the ambit of commercial quantity, bar under Section 37 of the NDPS Act is attracted. He submits that as per the observations of the learned Special Court, the total weight of the contraband recovered is 645.183 gm. He has instructions to state that 02 out of 15 prosecution witnesses have been examined. He has filed custody certificate dated 12.12.2023 and could not dispute the

antecedents of the petitioner.

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CRM-M-27498-2023 (O & M) -3-

10.

13.12.

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I have heard counsel for the parties and considered their respective submissions.

Petitioner has been in custody for the last more than 26 months and has an unblemished past. Trial is at a nascent stage with a remote possibility of an early conclusion. This Court is, therefore, of the view that the case of the petitioner would fall within four

comers of the judgments of the Supreme Court in Dheeraj Kumar

Shukla Versus The State of Uttar Pradesh, 2023 SCC Online SC

918. Considering the above, this Court is inclined to accept the prayer made in the petition.

Without adverting to the merits or de-merits of the arguments addressed, petition is allowed. Petitioner is ordered to be released on bail on furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

It is clarified that any observation made hereinabove shall not be

construed to be an expression of opinion on the merits of the case.

2023 (SUVIR SEHGAL) JUDGE

Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No