Gagandeep Chawla vs State Of Punjab
2023 Latest Caselaw 16809 P&H

                                                   Neutral Citation No:=2023:PHHC:126862




CRM-M No.33437 of 2022 (O&M)                          2023:PHHC:126862



       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

215

                                CRM-M No.33437 of 2022 (O&M)
                      DATE OF DECISION: 28th SEPTEMBER, 2023

Gagandeep Chawla
                                                               .... Petitioner
                                   Versus
State of Punjab
                                                             .... Respondent


CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT


Present :   Mrs. Simran Chawla, wife of petitioner in person.

            Mr. Jaspal Singh Guru, AAG, Punjab.
                              ****

RAJBIR SEHRAWAT, J. (Oral)

CRM-36029-2023

This is an application for placing on record the Annexures

P-14 to P-16.

For the reasons mentioned in the application, the same is

allowed. Annexures P-14 to P-16 are taken on record.

Main Case

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.0101

dated 16.06.2021 registered under Section 22 of NDPS Act at Police

Station Doraha, Tehsil and District Khanna.

2. Status report by way of affidavit of Harsimrat Singh, PPS,

Deputy Superintendent of Police, Sub-Division Payal, Police District

Khanna, District Ludhiana is taken on record.

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3. It is the case of the petitioner that the case against the

petitioner is totally concocted. The petitioner is not involved in the crime

at all. Even as per the case of the prosecution, the recovery was effected

from the car. However, the petitioner was neither the driver nor the

owner of the car in question. Even, the material was not recovered from

the petitioner, as such. The petitioner is in custody since 16.06.2021. Out

of 13 witnesses, the prosecution has examined only 1 witness so far.

Hence, the petitioner deserves to be released on bail pending trial.

4. On the other hand, learned State Counsel, being instructed

by ASI Lakhwinder Singh, has submitted that huge quantity of more than

5500 tablets of contraband were recovered from the car in which the

petitioner was also present. Therefore, it cannot be said that the petitioner

is not involved in the case. However, it is not disputed by learned State

counsel that the petitioner is in custody since 16.06.2021 and that out of

13 witnesses only 1 witness has been examined so far. Accordingly, this

Court finds the case of the petitioner as squarely covered by the

judgments rendered by Hon'ble the Supreme Court in the cases of Nitish

Adhikary @ Bapan Versus The State of West Bengal, vide order dated

01.08.2022 passed in SLP (Criminal) No.5769-2022; Mohd. Muslim @

Hussain Versus State (NCT of Delhi), 2023 AIR (Supreme Court) 1648

and Md. Hasanuzzaman and others Versus The State of West Bengal

and others, SLP (Crl.) No.3221 of 2023, vide order dated 04.05.2023.

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 his

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CRM-M No.33437 of 2022 (O&M) 2023:PHHC:126862

furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty

Magistrate, concerned.

28th SEPTEMBER, 2023                          (RAJBIR SEHRAWAT)
'sandeep'                                           JUDGE


      Whether speaking/reasoned:              Yes             No
      Whether Reportable:                     Yes             No




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