Balvir Singh v. State Of Punjab

2024:PHHC:025329

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2192-2024 Date of Decision: February 22, 2024 BALVIR SINGH ........Petitioner

Versus

STATE OF PUNJAB ........Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Vijay Lath, Advocate for the petitioner.

Mr. Davinder Bir Singh, Sr. DAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail in case FIR No. 0012 dated 19.01.2023 registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 27 and 29 of NDPS added later on) at Police Station Nurpur Bedi, Tehsil Sri Anandpur Sahib, District Rupnagar wherein, the petitioner has been implicated with the allegation that he being a pillion rider over a motor cycle threw a polybag carrying 14 ampoules (2 ml each) of Leegesic containing salt Buprenorphine.

2.

Learned counsel for the petitioner submits that in the present case the involvement of the petitioner is highly debatable as no recovery was effected from the petitioner and the poly bag was thrown by him while being a pillion rider, as per the version given in the FIR. He further submits that considering the fact that the petitioner is already behind the bars for the past 1 year and 1 month by now, he deserves the concession of bail.

TEJWINDER SINGH 2024.02.23 15:58 I attest to the accuracy and integrity of this document

2024:PHHC:025329 -2CRM-M-2192-2024 3.

The prayer made herein has been opposed at the instance of learned State counsel while referring to the involvement of petitioner in thirteen more cases registered under the provisions of NDPS Act as well as IPC, 4.

I have heard learned counsel for the parties and gone through the paper book. I am unable to find substance in the submissions made on behalf of the petitioner. 5.

In the present case, the custody of the petitioner is only 1 year and 1 month, besides it, he is also involved in 13 more cases under the provision of NDPS as well as IPC and the quantity of recovery effected is commercial in nature. Considering the nature of allegations levelled against the petitioner besides its impact on the society at large, this Court does not deem it proper to grant the concession of regular bail to the petitioner at this stage, as such the prayer made herein is declined.

22.02.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.02.23 15:58 I attest to the accuracy and integrity of this document