Punjab-Haryana High Court
Ramesh Kumar vs State Of Punjab on 21 March, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:041469
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-13574-2024 (O&M)
Date of Decision:- 21.03.2024
Ramesh Kumar ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Davinder Singh, Advocate, for the petitioner.
Mr. Vinay Kumar Malhotra, DAG, Punjab.
*****
FIR DATE POLICE STATION OFFENCES
NO.
131 12.12.2023 City 2 Abohar, District 18 and 29 of NDPS Act
Fazilka
GURVINDER SINGH GILL, J. (Oral)
1. The instant petition has been filed on behalf of the petitioner seeking
grant of regular bail in respect of aforementioned FIR.
2. The allegations, in nutshell, are that the petitioner was found in
possession of 2.5 Kgs of 'Opium' which was found kept in envelop
which was further kept in plastic box. Upon weighment of the said
contraband along with the envelope, the same was found to be 2.5
kgs.
integrity of this order/judgment
CRM-M-13574-2024 (O&M) -2- 2024:PHHC:041469
3. Learned counsel for the petitoner submits that admittedly it is a case
where the contraband was weighed along with the envelop and the
total weight including that of the envelop was found to be 2.5 kgs and
that under these circumstances it cannot be said that the entire
contraband itself was 2.5 kgs and as such the recovered contraband
would fall within the category of non-commercial quantity.
4. Opposing the petition, learned State counsel submits that envelop
would hardly have any weight and that the contraband recovered has
to be taken as 2.5 kgs and that in any case even if it is taken to be a
non-commercial quantity, the recovered contraband is a sizeable
quantity and the petitioner under these circumstances does not
deserve to be released on bail. It has been informed that the pettioner
otherwise has a clean record and has been behind bars since the last
about 3 months and 5 days. It has also been informed that the trial is
yet to commence and as many as 9 PWs have been cited.
5. This Court has considered the rival submissions.
6. Having regard to the fact that the contraband was weighed with the
envelop and the total weight was found to be 2.5 kgs it will certainly
be debatable as to whether the recovered contraband can be said to be
in commercial quantity or not. In any case the petitioner enjoys a
clean record and conclusion of trial is likely to consume time as not
even a single PW has been examined till date. The petitioner
otherwise has been behind bars since the last more than 3 months.
Under these circumstances, further detention of the petitioner will not
serve any useful purpose. The petition, as such, is accepted and the
integrity of this order/judgment
CRM-M-13574-2024 (O&M) -3- 2024:PHHC:041469
petitioner is ordered to be released on regular bail on his furnishing
bail bonds/surety bonds to the satisfaction of learned trial Court/Chief
Judicial Magistrate/Duty Magistrate concerned.
21.03.2024 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
integrity of this order/judgment
