Jasvir Singh Alias Jassa vs State Of Punjab
2024 Latest Caselaw 247 P&H

Punjab-Haryana High Court

Jasvir Singh Alias Jassa vs State Of Punjab on 8 January, 2024

                                                          Neutral Citation No:=2024:PHHC:001104



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CRM-M No.56083 of 2023 (O&M)                                 2024:PHHC:001104

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

210


                                          CRM-M No.56083 of 2023 (O&M)
                                          Date of Decision: 08.01.2024



JASVIR SINGH ALIAS JASSA                              ......Petitioner

         Vs
STATE OF PUNJAB                                       ....Respondent

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:     Mr. K.S. Brar, Advocate
             for the petitioner.

             Mr. Gurlal Singh Dhillon, Asstt. A.G., Punjab.

            ****
HARKESH MANUJA, J. (Oral)

1. By way of present petition filed under Section 439 Cr.P.C., prayer has

been made for grant of regular bail to the petitioner in case bearing FIR No.120

dated 12.06.2023 (Annexure P-1) registered under Sections 15, 18, 25, 29 of NDPS

Act, 1985 at P.S. Samrala, Police District Khanna, District Ludhiana.

2. Learned counsel for the petitioner submits that the petitioner has been

primarily implicated against the alleged recovery of 30 kgs of poppy husk besides

01 kg and 700 grams of opium.

3. The prayer made on behalf of the petitioner has been vehemently

opposed by learned State counsel while submitting that the petitioner was facing

trial against recovery of 04 grams of smack and was convicted and sentenced on

01.06.2023, whereas he was again found involved within two weeks thereafter in

the similar activities and thus, he does not deserve any concession of regular bail.

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Neutral Citation No:=2024:PHHC:001104

CRM-M No.56083 of 2023 (O&M) 2024:PHHC:001104

4. I have heard learned counsel for the parties and gone through the

paper book. I find substance in the submissions made by learned counsel for the

petitioner.

5. In the present case, recovery of 30 kgs of poppy husk and 01 kg and

700 grams of opium which relates to the petitioner is of non-commercial quantity.

The investigation in the present FIR already stands concluded with filing of challan

followed by framing of charges; whereas none of the prosecution witness has been

examined so far out of total 19 prosecution witnesses. The petitioner has already

suffered incarceration for a period more than 06 months and 22 days. Though the

petitioner was convicted vide judgment dated 01.06.2023, however the same

relates to small quantity.

6. Considering the fact that the petitioner has already suffered

incarceration for a period of more than 06 months and 22 days and none of the

prosecution witness has been examined so far, I do not find any justification to

extend the incarceration of the petitioner.

7. Accordingly, without expressing any opinion on the merits of the

case, the present petition is allowed and the petitioner is ordered to be released on

bail, subject to his furnishing adequate bail bonds and surety bonds to the

satisfaction of the concerned Trial Court/Duty Magistrate.

                                               (HARKESH MANUJA)
January 08, 2024                                   JUDGE
Atik
              Whether speaking/reasoned        Yes/No
              Whether reportable               Yes/No




                                                          Neutral Citation No:=2024:PHHC:001104

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