Seekha Rani vs State Of Punjab
2023 Latest Caselaw 9211 P&H

SANDEEP GROVER
2023.07.03 16:00

CRM-M No.35518 of 2022 (O&M) 2023: PHHC:082849

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
204
CRM-M No.35518 of 2022 (O&M)
DATE OF DECISION: 03" JULY, 2023
Seekha Rani
.... Petitioner
Versus
State of Punjab

.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present: | Mr. Rajesh Dhiman, Advocate

for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab with
ASI Sukhdev Singh.

3K OK Ok 3K

RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.61 dated 01.06.2022 registered under Sections 21, 22, 61/85 of NDPS Act at Police Station City Kurali, District SAS Nagar Mohali.

2. Status report by way of affidavit of Dharamvir Singh, Deputy Superintendent of Police, Sub Division Kharar-II, District SAS Nagar (Mohali) and custody certificate of the petitioner have been filed by learned State counsel today in the Court. The same are taken on record.

3. It is submitted by learned counsel for the petitioner that the

alleged contraband was not recovered from exclusive possession of the

| attest to the accuracy and integrity of this order/judgment. -l-

CRM-M No.35518 of 2022 (O&M) 2023: PHHC:082849

petitioner. Even as per the police diary, the contraband are stated to be recovered from the portion of the house in which the family of the petitioner is residing. Moreover, the mandatory provisions of law were not followed by the police. The petitioner is in custody for more than one year as of now. The investigation of the case is already over. The petitioner is not required for any investigation purposes. There is no other case registered against the petitioner. Hence, the petitioner deserves to be released on bail pending trial.

4. On the other hand, learned State Counsel, on instructions, from ASI Sukhdev Singh, submits that the recovery of 20 injunctions of Buprenorphine IP Leegesic 2 ML and 20 vials of Pherinamine Maleate injunction Avil 10 ML were made from the house of the petitioner. 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 registered against the petitioner and that the petitioner is not required for any investigation purposes. It is also not disputed that the petitioner is in custody for the last one year and one month as of today.

5. In view 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 her furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty

Magistrate, concerned.

03"! JULY, 2023 (RAJBIR SEHRAWAT) 'sandeep' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

SANDEEP GROVER

2023.07.03 16:00

| attest to the accuracy and

integrity of this order/judgment. -2-