Punjab-Haryana High Court
Lovepreet Singh vs State Of Punjab on 13 March, 2024
Neutral Citation No:=2024:PHHC:035690
2024:PHHC:035690
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-654 of 2024 (O&M)
Date of Decision: March 13, 2024
Lovepreet Singh
......Petitioner
versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
***
Present:- Mr. Yashpal Thakur, Advocate
for the petitioner
Mr. Sandeep Kumar, DAG Punjab
***
Harpreet Singh Brar, J. (Oral)
CRM-471-2024
Application is allowed as prayed for.
Crl. Misc. No. M-654 of 2024
1. This is the first petition filed under Section 439 of Cr.P.C. seeking
grant of regular bail to the petitioner in the case bearing FIR No. 292 dated
09.10.2023 registered under Sections 21(c), 29 of NDPS Act, 1985 at Police
Station City Tarn Taran, District Tarn Taran, Punjab.
2. As per the case of the prosecution, the present FIR was registered on
the allegations that on 09.10.2023 the petitioner along with co-accused namely
Sonu Singh alias Sonu were intercepted by the police party while they were seen
coming walking at around 12.25 A.M. midnight while carrying bags on their
shoulders. On seeing the police party they both got perplexed
and turned back. On suspicion they were arrested and upon search of
the polythene bag recovered from applicant/accused it was found to contain
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Heroin which upon weighment came out to be total 150 grams of Heroin and
drug money amounting to Rs.6,000/- was also recovered Upon search of the
polythene bag recovered from the co-accused namely Sonu it was found to
contain Heroin which upon weighment came out to be total 350 grams of heroin
and drug money amounting to Rs, 14,000/-.
3. Learned counsel for the petitioner inter alia contends that
admittedly the alleged recovery from the petitioner does not fall under the ambit
of commercial quantity and as such the embargo created by Section 37 of the
NDPS Act would not be applicable. He relies upon judgment passed in Amar
Singh Ramjibhai Barot vs. State of Gujrat, 2005(7) SCC 550. It is further
contended that that in view of the ratio of law laid down in Amar Singh
Ramjibhai Barot(supra) if two accused are found together carrying contraband,
then quantity of contraband carried by both the accused could not be added to
bring it within the meaning of the commercial quantity. The petitioner is
behind the bars since 09.10.2023.
4. Per contra, learned State counsel opposes the grant of regular bail to
the petitioner on the ground that the petitioner was caught while carrying the
contraband and he is habitual offender and is involved in one more case under
the NDPS Act.
5. Having heard learned counsel for the parties and after perusing the
record of the case, it transpires that the petitioner is behind the bars since
09.10.2023. So further incarceration of the petitioner without there being the
prospect of the conclusion of the trial in the near future, would be violative of
Article 21 of the Constitution of India. Culpability, if any, would be determined
at the time of trial.
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6. Keeping in view the law laid down by Hon'ble Supreme Court
of India in 'Prabhakar Tewari Vs. State of U.P. and Another', 2020 (1) R.C.R.
(Criminal) 831 and Maulana Mohd. Amir Rashadi vs. State of U.P. and others,
2012(2) SCC 382, the involvement of the petitioner in other cases would not be a
ground to refuse grant of concession of regular bail.
7. In view of the above, the present petition is allowed and petitioner-
Lovepreet Singh is ordered to be released on regular bail subject to his furnishing
requisite bail bonds/surety bonds to the satisfaction of the concerned trial
Court/Chief Judicial Magistrate/Duty Magistrate.
8. Nothing observed hereinabove shall be construed as expression
of opinion of this Court on merits of the case and the trial Court shall proceed
without being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
JUDGE
March 13, 2024
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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