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High Court of Punjab and HaryanaCRM-M/11967/2023allowed

Mandeep Singh @ Meeta v. State Of Punjab

2023-04-19Ms. Justice Jaishree Thakur2 pages

CRM-M No.11967 of 2023 (O&M) -12023:PHHC:056982

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M No.11967 of 2023 (O&M) Date of Decision.19.04.2023 Mandeep Singh @ Meeta

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Tejinder Pal Singh, Advocate for the petitioner.

Mr. Athar Ahmed, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is third petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.113 dated 11.08.2021 registered under Sections 22 of the NDPS Act, 1985 at Police Station Budhlada, District Mansa.

Learned counsel appearing for the petitioner would contend that the petitioner was apprehended with 2000 tablets of Tramwel-100 SR containing Tramadol Hydrochloride salt. It is argued that there is noncompliance of Section 50 of the NDPS Act as no independent witness was joined at the time of making alleged recovery. It is further argued that the instant FIR is an outcome of political rivalry and no other case of similar nature is pending against the petitioner. The petitioner is in custody since 11.08.2021 and till today, 2 witnesses have been examined out of total 21 witnesses and therefore, the trial is likely to take some time to conclude. Learned counsel appearing on behalf of the respondent-State opposes grant of bail to the petitioner by contending that the recovery PANKAJ KUMAR 2023.04.24 10:44 I attest to the accuracy and authenticity of this document

CRM-M No.11967 of 2023 (O&M) -22023:PHHC:056982 effected from the petitioner is of commercial quantity and therefore, he is not entitled to be enlarged on bail.

I have heard learned counsel for the parties and have perused the paper book. Keeping in view the fact that the petitioner is in custody since 11.08.2021 and the trial is likely to take some time to conclude as out of total 21 witnesses cited, only 2 have been examined, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on his execution of adequate personal/surety bonds to the satisfaction of concerned trial court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) April 19, 2023 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2023.04.24 10:44 I attest to the accuracy and authenticity of this document