Punjab-Haryana High Court
Mohd. Rashid Alias Anda Alias Mohammad ... vs State Of Punjab on 2 April, 2024
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
Neutral Citation No:=2024:PHHC:044109
CRM-M- 2181of 2024 -1- 2024:PHHC:044109
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
267 CRM-M- 2181of 2024 (O&M)
Date of decision : 02.04.2024
Mohd. Rashid @ Anda @ Mohammad Rashid
................Petitioner
vs.
State of Punjab
.................Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present: Mr. Swarn Tiwania, Advocate for the petitioner.
Mr.Vishnav Gandhi, Deputy Advocate General,
Punjab.
...
RAJBIR SEHRAWAT J. (Oral)
1. The present second petition has been filed by the
petitioner under Section 439 Cr.P.C. for grant of bail pending trial in
case FIR No. 0067 dated 02.03.2022, registered under Sections
22/29/61/85 of Narcotic Drugs and Psychotropic Substances Act,
1985, at Police Station City-I, Malerkotla.
2. The counsel for the petitioner has submitted that the case
against the petitioner is totally frivolous and concocted one. The
petitioner is not involved in the case as alleged against him. Even as
per the story of the prosecution, the petitioner was allegedly found in
possession of about 3000 intoxicant tablets of Alprazolam. However,
the petitioner is in custody since 02.03.2022 and charges have not
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been framed against the petitioner so far, despite the fact that he has
been in custody for more than 2 years as of now. The investigation of
the case is complete and challan has already been filed. The petitioner
is not required for any investigation purposes. The counsel for the
petitioner has relied upon the judgments referred 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), 2923 AIR (Supreme Court) 1648; Shariful Islam @
Sarif Vs. The State of West Bengal, vide order dated 4.8.2022 passed
in SLP (Criminal) No. 4173-2022; Md. Hasanujjaman Vs. State of
West Bengal & Ors., SLP (Crl.) No. 3221 of 2023 and another
judgment rendered in Rabi Prakash Vs. The State of Odisha vide
order dated 13.7.2023, passed in SLP (Criminal) No. 4169-2023, to
buttress his arguments. Counsel for the petitioner undertakes that the
petitioner will not violate any condition of bail. Hence the petitioner
deserves to be released on bail pending trial.
3. On the other hand, Learned State counsel, on instructions
has submitted that a huge quantity of about 3000 intoxicant tablets of
Alprazolam has been recovered from the petitioner, which is
commercial in nature. The petitioner is involved in three more cases
of similar nature. Therefore, the petitioner does not deserve the
concession of bail pending trial.
4. In response to this, counsel for the petitioner has
submitted that the petitioner is involved in three cases under the
NDPS Act, out of those cases, in one case, the petitioner was
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acquitted, whereas in other two cases, though the petitioner was
convicted, but his sentence has been suspended during pendency of
the appeal.
5. In view of 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 )
02.04.2024 JUDGE
chugh
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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