Parveen Kumar v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 30.5.2022 Parveen Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Munish Mittal, Advocate for Mr. Harsh Bhargava, Advocate, for the petitioner. Mr. Krishan K. Chahal, Addl. A.G. Haryana, assisted by SI Jagbir.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.430 dated 04.12.2021 at Police Station Sector 6, Bahadurgarh, District Jhajjar, under Section 20 of the NDPS Act.

2.

The FIR was lodged on the basis of secret information received by the police to the effect that Parveen (petitioner) and Pardeep would be coming towards Bahadurgarh in a white coloured car bearing registration No. HR-13N-5480, while carrying 'Ganja Patti'. Pursuant to receipt of said information, barricading was held and the police was able to intercept the car in question in which three persons

- 2 - were sitting. While the driver disclosed his name as Pankaj, another person sitting on the front passenger seat disclosed his name as Parveen and the 3rd person sitting on the rear seat disclosed his name as Pardeep. Upon search of the car, a green coloured polythene bag was found concealed under the front passenger seat, on which Parveen Kumar was sitting which was found to contain 2.515 Kgs. of 'Ganja Patti'.

3.

Learned counsel for the petitioner has submitted that the recovered contraband falls within 'intermediate quantity' and since the petitioner has a clean record and challan already stands presented, he deserves the concession of bail.

4.

Opposing the petition, learned State counsel has submitted that since the petitioner was caught red-handed while in possession of the contraband, no case for grant of bail is made out. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 6 months and that challan stands presented and that the petitioner otherwise has a clean record. 5.

I have considered rival submissions addressed before this Court. 6.

Without commenting anything as regards the merits of the case, but while noticing that the recovered contraband falls within the 'intermediate quantity' and also the fact that the petitioner has been behind bars for a substantial period of about 6 months and otherwise has a clean record, further detention of the petitioner will not serve any useful purpose as the conclusion of trial will take some time. The petition, as such, is accepted and the petitioner is ordered to be

- 3 - released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

30.5.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No