High Court of Punjab and HaryanaCRM-M/13057/2017allowed

Lakhvir Singh v. State Of Punjab

2017-05-01Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-13057 of 2017 (O&M) Date of Decision: May 01, 2017 Lakhvir Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.R.S.Sekhon, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.193 dated 03.11.2015 under Sections 21 and 25 of the NDPS Act, registered at Police Station Ghall Khurd, District Ferozepur.

Notice of motion.

Mr.V.P.S.Sidhu, Asstt. Advocate General, Punjab, has put in appearance on behalf of the respondent-State and contested the petition. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, firstly, I find that no recovery has been effected from the present petitioner. The recovery has been effected from co-accused and they have already been released on bail. The recovery is Vineet Gulati 2017.05.02 16:18 I attest to the accuracy and authenticity of this document Chandigarh stated to be of 260 grams of heroin but the perusal of the record shows that

CRM No.M-13057 of 2017 -2it is not weighed by the computerized scale and further, there is nothing, whether the weight was taken including the plastic envelop or not. Therefore, it is debatable whether the recovery falls under commercial quantity or non-commercial quantity.

The present petitioner has been in custody for more than 6 months. He is not required for any investigation or interrogation purposes. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till disposal of the case. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `40,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. May 01, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.05.02 16:18 I attest to the accuracy and authenticity of this document Chandigarh