Deepak Singh v. State Of Punjab

2023:PHHC:095097 CRM-M-9671-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-9671-2022 Date of Decision: 26.07.2023 Deepak Singh ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Ashish Aggarwal, Advocate, for the petitioner.

Mr. Jaspal Singh Guru, AAG, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail pending trial in case FIR No.66 dated 27.07.2021 registered under Sections 21(c) of the NDPS Act, 1985, at Police Station Valtoha, District Tarn Taran. 2.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally false and concocted. The petitioner is not involved in the crime as alleged against him. The contraband alleged to have been recovered is 267 grams of heroin from the petitioner. Even that is, undisputedly, weighed with the carry bag. Therefore, it is doubtful whether the alleged recovery is of commercial quantity or less then that. The petitioner is in custody since 30.07.2021 and not even a single witness has been examined so far. There is no other case against the petitioner. 3.

On the other hand, learned counsel for the State, being VIRENDRA SINGH ADHIKARI 2023.07.27 14:56 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:095097 CRM-M-9671-2022 -2instructed by ASI Savinderpal Singh, has submitted that the commercial quantity of heroin have been recovered from the petitioner. It is not disputed that the petitioner is in custody since 30.07.2021 but no witness has been examined so far and that there is no other case against the petitioner. 4.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 26.07.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.07.27 14:56 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh