Punjab-Haryana High Court
Amit Sharma @ Gopi vs State Of Punjab on 18 March, 2024
Neutral Citation No:=2024:PHHC:038433
CRM-M-23152-2023 -1- 2024:PHHC:038433
220 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-23152-2023
Date of Decision: 18.03.2024
Amit Sharma @ Gopi ...Petitioner
vs.
State of Punjab ...Respondent
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present : Mr. Vaibhav Narang, Advocate
for the petitioner.
Mr.M.S.Bajwa, Deputy Advocate General, Punjab.
***
N.S.Shekhawat J. (Oral)
1. The petitioner has filed the instant petition under Section 439 of
the Cr.P.C. with a prayer to grant regular bail in case FIR No.0100 dated
03.10.2022 registered under Sections 21(C), 29 of NDPS Act, at Police Station
Khalra, District Tarn Taran.
2. It has been alleged in the FIR that a police team was on patrolling
duty and then they saw two persons coming at fast speed on the bike, then the
police signalled them to stop. The person, sitting at the rear seat, took out one
polythene bag and had thrown at the left side of the road in the grass. When
they were apprehended by the police, 260 grams of heroin was found in
conscious possession from the petitioner. The driver of the vehicle told his
name as Satwinder Singh alias Sajan and person sitting at rear seat told his
name as Amit Sharma @ Gopi.
3. Learned counsel for the petitioner contends that neither any
recovery has been made from the present petitioner nor any incriminating
article has been held by him. He further submits that the petitioner is in custody
1 of 2
Neutral Citation No:=2024:PHHC:038433
CRM-M-23152-2023 -2- 2024:PHHC:038433
since 03.10.2022 and the investigation in this case has already been completed
and challan has been presented. Trial is likely to take long time. No useful
purpose will be served by further detention of the petitioner in custody. Thus, it
is prayed that he may be released on regular bail. In support of his contentions,
learned counsel for the petitioner has relied upon judgments in (i) CRM-M-
37684-2021, Balwinder Singh vs. State of Punjab, decided on 14.02.2022; (ii)
CRM-M-8212-2022, Tajinder Singh vs. State of Punjab, decided on
03.03.2022 and (iii) CRM-M-35186-2016, Manjit Kaur @ Jeeto vs. State of
Punjab, decided on 01.12.2016.
4. On the other hand, learned counsel for the State vehemently
opposed the submissions made by learned counsel for the petitioner. However,
he fairly conceded the fact that petitioner is not involved in any other criminal
activity.
5. Keeping in view the facts and circumstances of the case, custody
period of the petitioner and also the fact that the quantity of alleged contraband
is marginally above the 'commercial quantity', but without commenting on
merits of the case, I am of the considered view that the petitioner deserves the
concession of regular bail.
6. Therefore, the petition is allowed and the petitioner is ordered to be
released on regular bail on furnishing of bail/surety bonds to the satisfaction of
the trial Court/Chief Judicial Magistrate concerned.
(N.S.SHEKHAWAT)
18.03.2024. JUDGE
hemlata
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
