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High Court of Punjab and HaryanaCRM-M/8104/2021allowed

Anil v. State Of Haryana

2021-04-05Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-8104-2021 (O&M) Date of Decision:-5.4.2021 Anil ... Petitioner

Versus

State of Haryana ... Respondent \

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rajat Mor, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana, assisted by ASI Raj Kumar.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.393 dated 16.12.2020 at Police Station Asauda, District Jhajjar under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, wherein it is alleged that the petitioner was found in possession of 14 kilograms of 'ganja'. 2.

The learned counsel for the petitioner has submitted the petitioner has falsely been implicated in the present case and that, in any case, the alleged recovery falls in the category of 'non-commercial' quantity and, as such, the petitioner, PANKAJ KAKKAR 2021.04.06 10:37 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-8104-2021 (O&M) who has been behind bars since the last more than 3 months, deserves the concession of bail.

3.

Opposing the petition, the learned State counsel has submitted that since the petitioner happens to be involved in one more case pertaining to recovery of 4 kilograms of 'ganja', the petitioner does not deserve to be released on bail. 4.

I have considered rival submissions addressed before this Court. 5.

Having regard to the nature and quantity of contraband, which falls in the category of 'non-commercial' quantity and the fact that challan already stands presented and the petitioner has been behind bars since the last more than 3 months, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

5.4.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.04.06 10:37 I attest to the accuracy and integrity of this document