High Court of Punjab and HaryanaCRM-M/12487/2023allowed

Sukhdeep Singh v. State Of Punjab

2023-04-20Mr. Justice Ashok Kumar Verma2 pages

CRM-M-12487-2023 -1- 2023:PHHC:055565

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-12487-2023 Date of Decision: 20.04.2023 Sukhdeep Singh .... Petitioner

Versus

State of Punjab .... Respondent CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Yashpal Thakur, Advocate for the petitioner. Mr. Jaspal Singh Guru, AAG, Punjab.

ASHOK KUMAR VERMA, J. (ORAL) Custody certificate dated 19.04.2023 filed by learned counsel for the State is taken on record.

The petitioner has filed the present petition under Section 439 Cr.P.C., for grant of regular bail in case FIR No. 135 dated 12.10.2022 registered under Section 18(c) of the NDPS Act at Police Station Khamanon, District Fatehgarh Sahib.

According to the prosecution story, the petitioner was found in conscious possession of 2 kgs 550 grams of opium, without any permit or licence.

Learned counsel for the petitioners, inter alia contends that petitioner has falsely been implicated in the present case. The quantity of contraband recovered from the petitioner is marginally above the 'commercial quantity'. No independent witness was joined by the police party. Petitioner is not involved in any other case. He is in custody since 12.10.2022. Trial is likely to take long time. No useful purpose RISHU KATARIA 2023.04.21 12:32 I attest to the accuracy and authenticity of this order/judgment

CRM-M-12487-2023 -2- 2023:PHHC:055565 will be served by further detention of the petitioner in custody. Thus, it is prayed that he may be released on regular bail. In support of his contentions, learned counsel for the petitioner has relied upon judgments in (i) CRM-M-37684-2021, Balwinder Singh vs. State of Punjab, decided on 14.02.2022; (ii) CRM-M-8212-2022, Tajinder Singh vs. State of Punjab, decided on 03.03.2022 and (iii) CRM-M-35186-2016, Manjit Kaur @ Jeeto vs. State of Punjab, decided on 01.12.2016. On the other hand, learned counsel for the State vehemently opposed the submissions made by learned counsel for the petitioner. However, he fairly conceded the fact that petitioner is not involved in any other case.

Keeping in view the facts and circumstances of the case, custody period of the petitioner and also the fact that the quantity of alleged contraband is marginally above the 'commercial quantity', but without commenting on merits of the case, I am of the considered view that the petitioner deserves the concession of regular bail. Therefore, the petition is allowed and petitioner, namely; Sukhdeep Singh, is ordered to be released on regular bail on furnishing of bail/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate concerned.

20.04.2023 (ASHOK KUMAR VERMA) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2023.04.21 12:32 I attest to the accuracy and authenticity of this order/judgment