High Court of Punjab and HaryanaCRM-M/1559/2016allowed

Satish v. State Of Haryana

2016-04-21Mr. Justice S.P. Bangarh2 pages

CRM-M 1559/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:21.04.2016 Satish .............Petitioner v.

State of Haryana .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Kartar Singh Malik-I,Advocate for the petitioner Mr.Kuldip Tiwari,Addl.AG Haryana with ASI Amar Jaswant Singh,J.(Oral) Prayer is for grant of regular bail in case FIR No.343 dated 17.6.2015 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act,1985,PS City Rohtak,Distt.Rohtak. There was recovery of 280 grams of charas from Activa Scooter belonging to one Smt.Manju while it was parked outside a police station.

The allegations are that there is a litigation between Smt.Manju and co-accused Mukesh,at whose behest petitioner-accused has allegedly planted seized 280 grams of charas in the scooter owned by Smt.Manju.

It is contended that except the statement of one witness RAJINDER PRASHAD JOSHI 2016.04.21 17:57 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CRM-M 1559/2016 namely Ankit who was driver of the vehicle used while purchasing the aforesaid 280 grams of charas from co-accused Saroj, there is absolutely no material connecting the petitioner to the offence. Petitioner is stated to be in custody since 26.8.2015 and the seized quantity is non-commercial in nature and evidence of 21 Pws is yet to commence. Petitioner is also stated to be not involved in any other criminal activity.

Learned State counsel on instructions does not controvert the said factual position.

In view of the above, without expressing anything on the merits of the case, keeping in view the fact that the seized charas is non-commercial in quantity; the trial is not likely to be concluded in near future and no useful purpose would be served by keeping the petitioner in custody, the present petition is allowed and petitioner is directed to be released on bail subject to the satisfaction of CJM/Duty Magistrate concerned.

Disposed of.

21.04.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.04.21 17:57 I attest to the accuracy and authenticity of this document High Court, Chandigarh.