Punjab-Haryana High Court
Gulzar Singh @ Jodha vs State Of Punjab on 29 September, 2023
Neutral Citation No:=2023:PHHC:127232
2023:PHHC:127232
CRM-M-33958-2023 -1-
209 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-33958-2023
Date of Decision: 29.09.2023
Gulzar Singh @ Jodha ...... Petitioner
Versus
State of Punjab ......... Respondent
CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present : Mr. Lalit Attri, Advocate,
for the petitioner.
Mr. G.S.Sandhu, DAG, Punjab,
for the respondent-State.
*****
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.22 dated
30.03.2019, registered under Sections 08 and 15 of the Narcotic Drugs and
Psychotropic Substances Act, 1985, at Police Station Rangar Nangal, Police
District Batala, District Gurdaspur.
2. The custody certificate, as well as, status report by way of an
affidavit of Ajesh Kakkar, PPS, Deputy Superintendent of Police, Sub
Division Sri Hargobindpur, Police District Batala, on behalf of the
respondent-State, filed by learned counsel for the respondent-State in Court
today, are taken on record.
3. It is submitted by the learned counsel for the petitioner that the
case against the petitioner is totally concocted. The petitioner is not involved
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in the crime as alleged against him. To involve the petitioner in the false
case, the police have concocted the recovery, allegedly, of 80 Kgs. of green
poppy plants. Therefore, even the quantity of the contraband, if any, stated
to be recovered, is a moot point. The prosecution has examined only three
witnesses so far; out of eleven witnesses. The petitioner is in custody for
about two years in the present case. Learned counsel for the petitioner has
relied upon the judgments rendered by the Hon'ble Supreme Court in the
cases of Nitish Adhikary @ Bapan Vs. The State of West Bengal vide order
dated 01.08.2022 passed in SLP (Criminal) No.5769-2022; Mohd. Muslim
@ Hussain Vs. State (NCT of Delhi), 2023 AIR (Supreme Court) 1648 and
another judgment rendered in Md. Hasanuzzaman Vs. State of West Bengal
& Ors, SLP (Crl.) No.3221 of 2023 vide order dated 04.05.2023, to buttress
his arguments. Learned counsel has also asserted that there is no other
criminal case against the petitioner. Hence, the petitioner deserves to be
released on bail pending trial.
4. On the other hand, learned State counsel, being instructed by
ASI Surinder Pal Singh, has submitted that a huge recovery of about 80 Kgs.
of green poppy plants was effected were recovered from the petitioner.
Therefore, the petitioner does not deserve for any concession of bail pending
trial. However, it is not disputed that the petitioner has been in custody for
about two years, prosecution has examined only three witnesses so far, and
that there is no other case against the petitioner.
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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 furnishing bail
bonds/surety to the satisfaction of the Trial Court/Duty Magistrate,
concerned.
(RAJBIR SEHRAWAT)
JUDGE
29.09.2023
adhikari
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:127232
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