Kamlesh v. State Of Punjab

CRM-M 14029 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M 14029 of 2015 Date of decision : 06.05.2015 Kamlesh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. L.S. Sekhon, Advocate for the petitioner. Mr. Ankur Jain, AAG Punjab.

RAJAN GUPTA J.

This is a petition filed under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner vide FIR No. 152 dated 20.07.2014 under Sections 18/61/85 of the NDPS Act at Police Station Sadar Dhuri, District Sangrur. Learned counsel for the petitioner has relied upon order passed in CRM M-24344 of 2014 titled as Vadhawa Ram vs. State of Punjab to contend that quantity of contraband recovered from the petitioner is marginally higher than the non-commercial quantity. Thus, no useful purpose would be served by detaining the petitioner in custody any longer.

Learned State counsel has opposed the prayer. According to him, petitioner was found in possession of opium weighing 2kgs and 600 grams which is a commercial quantity. I have heard learned counsel for the parties. It appears that petitioner is in custody since 20.07.2014 and quantity of contraband recovered from him is marginally higher AJAY KUMAR 2015.05.07 12:17 I attest to the accuracy and authenticity of this document

CRM-M 14029 of 2015 than the non-commercial quantity. In view of facts and circumstances of the case and the order passed in Vadhawa Ram's case (supra), I am of the considered view that that no useful purpose would be served by detaining him in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur.

May 06, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.05.07 12:17 I attest to the accuracy and authenticity of this document