Punjab-Haryana High Court
Surinder Singh Alias Nikka vs State Of Punjab on 14 March, 2024
Neutral Citation No:=2024:PHHC:036865
S. No.221 2024:PHHC:036865
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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CRM-M-35297 of 2023 (O&M)
Date of Decision:14.03.2024
Surinder Singh @ Nikka .....Petitioner
Vs.
State of Punjab .....Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Chandan Singh Rana, Advocate for the petitioner.
Mr. Amandeep Singh, DAG, Punjab.
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DEEPAK GUPTA, J. (Oral)
By way of present petition filed under Section 439 Cr.P.C., petitioner
has prayed for grant of regular bail in case FIR No.30 dated 05.04.2023 registered
under Sections 22/25 (Act No.61 of 1985) of Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short, `the NDPS Act') at Police Station Jodhan,
Ludhiana.
As per prosecution allegations, 300 intoxicating tablets were
recovered from possession of the petitioner on 05.04.2023. On analysis, it was
found that 180 tablets were containing the salt of Buprenorphine Hydrochloride
with average weight of 116 mg per tablet, thus, the total weight of the said 180
tablets was 20.88 grams. The remaining 120 tablets were having the salt of
Diclofenac Sodium with average weight of 320 mg per tablet.
Contention of learned counsel for the petitioner is that 20.88 grams of
Buprenorphine Hydrochloride as found in 180 tablets, is just marginally higher
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than the commercial category which starts from 20 grams; whereas Diclofenac
Sodium does not fall within the scope of the NDPS Act.
Learned counsel for the petitioner contends that the petitioner is in
custody for the last more than 11 months; that he was earlier convicted in a case
i.e. FIR No.84 dated 09.08.2020 registered under Section 22 (Act No.61 of 1985)
of the NDPS Act at Police Station Ladhowal, Ludhiana, for keeping in possession
of just 13 grams of heroin and he has already completed the sentence of
undergone period.
Learned State Counsel has opposed the bail petition on account of the
fact that the petitioner is a previous convict.
On instructions from ASI Sukhjit Singh, it is informed by learned
State Counsel that out of 10 witnesses cited by the prosecution, 04 have been
examined so far.
No doubt that petitioner is a convict in another case but the recovered
quantity was 13 grams of heroin, as per the copy of the judgment as placed on
record by learned counsel for the petitioner. The petitioner has already completed
the sentence in that case.
In the present case, the recovered quantity of contraband is
marginally higher than the commercial category; that petitioner is in custody for
the last more than 11 months; trial may take long time to conclude and that no
purpose shall be served by keeping the petitioner detained.
Having regard to all the afore-said facts and circumstances of the
case, but without commenting anything on the merits of the case, the present
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petition is allowed. Petitioner is admitted to bail on his furnishing bail bonds and
surety bonds to the satisfaction of learned trial Court/ Duty Magistrate concerned,
on usual terms and conditions.
March 14, 2024 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2024:PHHC:036865
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