Prabhjot Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12047-2021 Decided on : 05.04.2021 Prabhjot Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. S.S. Maini, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Gamdoor Singh.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 98, dated 19.08.2020, under Sections 22, 29/61/1985 of NDPS Act, registered at Police Station Nandgarh, District Bathinda.

Learned counsel for the petitioner submits that the petitioner has been nominated as an accused on the basis of disclosure statement made by coaccused, who were apprehended on the spot and a recovery of tablet Clovidol100 SR contains salt Tramadol Hydrochloride and the total weight of the intoxicant tablets comes to 707 grams (17500 x 409.91 mg/tab = 717 grams), was effected from them. He further submits that the evidentiary value of such disclosure statement is admittedly of weak nature, hence, the petitioner be extended the concession of regular bail, as he has been in custody since 24th August, 2020 and only challan has been presented till date. Learned counsel further submits that the petitioner is not involved in any other criminal case, much less, under the NDPS Act.

Per contra, learned State counsel has opposed the prayer and JAWALA RAM 2021.04.05 16:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-12047-2021 - 2 - submissions made by learned counsel for the petitioner. He has, however, not been able to controvert the factual aspect of the submissions so made by learned counsel for the petitioner.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE April 05, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.04.05 16:42 I attest to the accuracy and authenticity of this document Chandigarh