Avtar Singh Alias Shera Alias Sher Singh vs State Of Punjab
2024 Latest Caselaw 527 P&H

Punjab-Haryana High Court

Avtar Singh Alias Shera Alias Sher Singh vs State Of Punjab on 10 January, 2024

SANDEEP SETHI
2024.01.12 10:09

2024:PHHC:002808
CRM-M-30212-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(218)
CRM-M-30212-2023 (O&M)
Date of Decision:-10.01.2024

Avtar Singh alias Shera alias Sher Singh

beeeee Petitioner
Versus
State of Punjab
beeeee Respondent
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. Prince Sharma, Advocate for the petitioner.
Mr. Kamalpreet Bawa, AAG, Punjab.
3k 6 2 ie
ALOK JAIN, J. (Oral)

1. The present petition is for grant of regular bail to the petitioner

in case FIR No.17 dated 04.03.2021, under Section 22 of the NDPS Act, 1985, registered at Police Station Khem Karan, Tehsil Patti, District Tarn Taran, Punjab.

2. Learned counsel for the petitioner submits that the petitioner is in custody for more than 07 months and prays for grant of regular bail to the petitioner.

3. Per contra, learned State counsel has filed the custody certificate which is taken on record and vehemently opposed the grant of any concession to the petitioner on the ground that the petitioner was involved in 03 more cases in which he was convicted, though the quantity

was non-commercial therein and, therefore, the sentence was of six months

| attest to the accuracy and integrity of this Order/Judgment

SANDEEP SETHI 2024.01.12 10:09

2024:PHHC:002808 CRM-M-30212-2023 (O&M)

only. However, in the present case, the petitioner was found with commercial quantity and moreso, after the petitioner was granted the concession of interim bail, he did not present himself and was ultimately declared a proclaimed offender on 04.05.2022. The petitioner was arrested on 22.11.2022 and, hence, no leniency should be shown towards him.

4. Heard the learned counsel for the parties.

5. Finding that the petitioner is a habitual offender coupled with the fact that the State of Punjab is already facing the menace of drugs, I find support from the judgment passed by the Hon'ble Supreme Court of India

in S.L.P. (Crl.) No.12601 of 2023 titled as Parwinder Singh @ Parminder

Kumar @ Vicky Vs. State of Punjab, decided on 14.12.2023 and thus, the

petitioner is not entitled to the concession of regular bail.

6. In light of the above, the present petition is dismissed.

7. Pending miscellaneous application (s) shall also stand disposed of.

(ALOK JAIN) JUDGE January 10, 2024.

Sandeep

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

| attest to the accuracy and integrity of this Order/Judgment