Pardeep Alias Golu v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 5562 of 2022 Date of Decision: 27.04.2022 Pardeep @ Golu .......... Petitioner

Versus

The State of Haryana .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Ms. Apoorva Arya, Advocate, for Mr. Sukhveer S. Killianwali, Advocate for the petitioner.

Mr. Tanuj Sharma, Assistant Advocate General, Haryana **** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition cast under Section 439 Cr.P.C., seeks grant of regular bail in case FIR No. 322 of 30.07.2021, which was registered against him, at Police Station Sector-5, Gurugram, constituting therein an offence under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2.

It is alleged, that from the conscious and exclusive possession of the petitioner, 7.5 kgs. of Ganja became recovered, at the crime site, by the Investigating Officer concerned.

3.

More specifically the apposite recovery was made from the car concerned, as became occupied, at the relevant time, by the petitioner alongwith other co-accused. The weight of the afore recovered narcotic drug, i.e. Ganja, makes it fall within the ambit of non-commercial quantity thereof. Therefore, the rigors of Section 37 of NDPS Act, are not hence applicable thereons, thereupon, this Court is constrained to

CRM-M No. 5562 of 2022 -2accept the prayer of the bail applicant.

4.

Moreover, also since the bail petitioner is facing judicial incarceration since 30.07.2021, thereupon, the afore prolonged judicial incarceration is required to be curtailed, especially for facilitating her personal liberty being protected.

5.

However, the learned State Counsel opposes the grant of bail to the bail applicant, on the ground that the bail applicant is a habitual offender.

6.

The afore made submission is benumbed, upon this Court, making stringent conditions upon the bail applicant, inasmuch as his making an undertaking before the learned trial Court, that he shall not reindulge in any criminal activity, whereupon, on breach thereof, the benefit of regular bail, as granted to him shall become ipso facto annulled, leaving liberty to the Arresting Officer, to forthwith arrest him, and, to thereafter, produce the bail applicant before the learned Magistrate concerned, for appropriate directions, vis-a-vis, an order of judicial custody being made, upon him.

7.

Consequently, with condition (supra), the instant petition is allowed, and the bail applicant - petitioner is ordered to be released from judicial custody, on his furnishing personal and surety bonds in the sum of ` 50,000/- each, before the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned, and, also subject to his not tampering with prosecution evidence, and/or not influencing prosecution witnesses, and, also his appearing before the learned trial Court

CRM-M No. 5562 of 2022 -3concerned, as and when he is required to be making his personal appearance unless validly exempted.

April 27, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No