Dalwinder Singh v. Union Of India Through Narcotics Control Bureau Chandigarh

CRM-M-3744-2024 2024:PHHC: 055777

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-3744-2024 (O&M) Date of order: 24.04.2024 Dalwinder Singh ... Petitioner(s)

Versus

Union of India

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. P.S. Sekhon, Advocate for the petitioner(s). Ms. Gurmeet Kaur, Sr. Panel Counsel for UOI.

*** ANOOP CHITKARA, J.

Crime Dated Police Station Sections No.

29.6.2021 Narcotics Control Bureau, Zonal Unit, Chandigarh.

8, 20, 25, 27A, 29, 60 NDPS Act.

1.

The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, seeking bail.

2.

As per the NCB's counsel, the petitioner's custody is 2 years, 2 months and 27 days in this case and thus, he is not eligible for grant of bail in view of judgment of Apex Court in Dheeraj Kumar Shukla vs State Of U.P. [SLP (Crl) 6690-2022]. 3.

Counsel for the petitioner submits that he be permitted to withdraw the present petition, with liberty to file a fresh one on the ground of prolonged custody after 2 years and 5 months, as per ratio of judgment in the case of Dheeraj Kumar Shukla (supra).

4.

Ordered accordingly.

(ANOOP CHITKARA) JUDGE April 24, 2024 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2024.04.25 15:43 I attest to the accuracy and integrity of this document Chandigarh