← Library
High Court of Punjab and HaryanaCRM-M/3095/2024allowed

Saddam v. State Of Haryana

2024-01-25Mr. Justice Harkesh Manuja2 pages

2024:PHHC:010595

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-3095-2024 Date of Decision: January 25, 2024 SADDAM ........Petitioner

Versus

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

Present:

Mr. Abhinav Sood, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, Haryana.

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

By way of present petition filed under Section 439 Cr.P.C., prayer has been made for grant of regular bail to the petitioner in case bearing FIR No.311 dated 23.06.2022 registered under Sections 20(b)(ii)(C) of NDPS Act (Sections 61 and 85 of NDPS Act were added later on) at P.S. Hodal, District Palwal.

2.

Learned counsel for the petitioner submits that around 750 kgs. of Ganja Patti is alleged to have been recovered from the conscious possession of the petitioner.

3.

The prayer made on behalf of the petitioner has been opposed by learned State counsel while submitting that custody of the petitioner is too less.

4.

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made by learned counsel for the petitioner.

5.

In the present case, the petitioner has already suffered incarceration for a period more than 01 year and 06 months; TEJWINDER SINGH 2024.01.25 17:40 I attest to the accuracy and integrity of this document

CRM-M-3095-2024 2024:PHHC:010595 -2investigation already stands concluded with the filing of challan and only 01 prosecution witness has been examined out of total 18 witnesses so far.

6.

Considering the fact that the petitioner has already suffered incarceration for a period of more than 01 year and 07 months and the trial is likely to take some time, I do not find any justification to extend the incarceration of the petitioner particularly when there is no other case of NDPS Act pending against the petitioner. 7.

Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate.

25.01.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.01.25 17:40 I attest to the accuracy and integrity of this document