Gaurav Alias Gaurav Goyal vs State Of Punjab
2024 Latest Caselaw 19578 P&H

Punjab-Haryana High Court

Gaurav Alias Gaurav Goyal vs State Of Punjab on 6 November, 2024

                                       Neutral Citation No:=2024:PHHC:144174



CRM-M-25385-2024                -1-


218         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                     CRM-M-25385-2024
                                                     Date of Decision: 06.11.2024

Gaurav alias Gaurav Goyal                                               ...Petitioner
                                               vs.
State of Punjab                                                       ...Respondent


Coram :     Hon'ble Mr. Justice N.S.Shekhawat

Present :   Mr. Gursimran S. Bawa, 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 to him in case FIR No.251 dated

29.12.2022 registered under Section 22 of NDPS Act, at Police Station

Dinanagar, Gurdaspur, District Gurdaspsur.

2. The case of the prosecution is that on 29.12.2022, three persons

were intercepted by the police during patrolling duty, who were coming on

scooter from the side of village Awankha. They were apprehended on suspicion.

On inquiry, the driver of scooter disclosed his name as Manoj Kumar, whereas

the pillion riders disclosed their names as Gaurav and Arjan. On search, 540

loose intoxicant tablets were recovered from the diggi of the scooter.

3. Learned counsel for the petitioner contends that the petitioner has

been falsely implicated in the present case. He further submits that neither the

petitioner was owner of the scooter nor he was driving the same. The petitioner

is in custody since 12.05.2023 and the final report under Section 173 Cr.P.C.

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Neutral Citation No:=2024:PHHC:144174

has already been presented against him. 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)
06.11.2024.                                             JUDGE
hemlata

                    Whether speaking/reasoned :       Yes/No
                    Whether reportable        :       Yes/No




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