High Court of Punjab and HaryanaCRM-M/15317/2018allowed

Ranjit Singh v. State Of Punjab

2018-05-08Mr. Justice Tejinder Singh Dhindsa2 pages

CRM-M-15317-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-15317-2018 Date of decision: - 08.05.2018 Ranjit Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Atul Goyal, Advocate for the petitioner.

Mr. Amitoj Singh Dhaliwal, DAG, Punjab **** MAHABIR SINGH SINDHU , J. (ORAL) Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.25 dated 16.01.2018, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') registered at Police Station Sadar Ludhiana, District Police Commissionerate Ludhiana.

Learned counsel for the petitioner confines his prayer for granting interim bail to the petitioner till the receipt of the chemical examiner report in above-said FIR. It is contended that the petitioner is in custody since 16.01.2018 and till date report under Section 173 Cr.P.C. has not been submitted on account of non-receipt of chemical examiner Naresh Kumar 2018.05.08 16:16 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-15317-2018 -2report. It is further submitted that no other case is pending against the petitioner under the provisions of NDPS Act.

The above factual aspect is duly acknowledged by learned State counsel.

Learned counsel for the petitioner has cited the Division Bench judgment of this Court i.e. Inderjeet Singh @ Laddi and others Versus State of Punjab, 2014(3) RCR (Criminal) 953 in support of his contention that in such an eventuality interim bail is to be granted to the accused.

Under the above circumstances and keeping in view the ratio of the Inderjeet Singh's case (supra) the present petition is disposed of with a direction that the petitioner be released on interim bail, subject to the satisfaction of learned trial Court / Duty Magistrate, Ludhiana. It is clarified that the interim bail will come to an end automatically, the moment report from Chemical Examiner is received in the trial Court and the petitioner would be liable to surrender in the Court forthwith. ( MAHABIR SINGH SINDHU) May 08, 2018 JUDGE naresh.k Whether reportable?

No Whether reasoned/speaking?

Yes Naresh Kumar 2018.05.08 16:16 I attest to the accuracy and integrity of this document Chandigarh