Simple Sharma v. State Of Punjab

2023:PHHC:107246

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 18.08.2023 SIMPLE SHARMA ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Ashish Aggarwal, Advocate for the petitioner.

Mr. Hakam Singh, AAG Punjab.

**** HARNARESH SINGH GILL, J.(Oral) Prayer in this petition is for grant of regular bail to the petitioner in case bearing FIR No.34 dated 27.05.2021, registered under Sections 21-C and 29 of the NDPS Act, at Police Station Khem Karan, District Tarn Taran.

Learned counsel for the petitioner submits that, though, the alleged recovery effected in the present case is a commercial quantity, yet the fact remains that the petitioner has been in custody since 31.05.2021 i.e. for more than 2 years and 2 months; that co-accused, namely, Sarwan Singh, has already been granted the concession of bail; that out of total 13 prosecution witnesses, only 4 have been examined so far and that, post presentation of a supplementary challan, de novo trial will commence. He further submits that there is no other case registered and/or pending against the petitioner.

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+ .   45 1 On the other hand, learned State counsel, while opposing the grant of bail to the petitioner, submits that recovery of   effected in the present case, falls under commercial quantity and that Section 37 NDPS Act bars the grant of bail to the accused in case of commercial quantity. He further submits that material witnesses are yet to be examined and thus the petitioner be not granted the concession of regular bail.

        
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18.08.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No