High Court of Punjab and HaryanaCRM-M/13688/2022allowed

Shambhu Singh v. State Of Haryana

2022-04-08Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-13688 of 2022 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13688 of 2022 Date of Decision: 08.04.2022 Shambhu Singh ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Sanjay Majithia, Sr. Advocate with Mr. Vinay Gaur, Advocate for the petitioner.

Mr. Saurabh Girdhar, AAG, Haryana.

HARINDER SINGH SIDHU, J Prayer is for grant of regular bail in case FIR No.79 dated 23.05.2021 under Sections 15/61/85 of NDPS Act registered at P.S Raipur Rani, District Panchkula.

As per allegations in the FIR, a secret information was received that Mohit @ Jauni, who was working as Munshi at Sun Light Poultry Farm and Rajesh Poultry Farm, along with his companion Shambhu was engaged in selling of poppy husk in the area of Raipur Rani, Mauli and Barwala. They had brought the contraband from Madhya Pradesh and Rajasthan. If a raid was conducted, they could be arrested with the alleged contraband. Accordingly, on 23.05.2021, Poultry farm was raided and co-accused Mohit was apprehended at the spot. One hundred kg of poppy husk was recovered from the premises. It is alleged that Mohit in his disclosure statement admitted that he purchased 12 bags of poppy husk from the petitioner. The petitioner, who had been confined in Central Jail, Ambala in case FIR MANOJ KUMAR 2022.04.08 17:18 I attest to the accuracy and integrity of this document

CRM-M-13688 of 2022 #2# No.78 dated 19.05.2021, was arrested in this case on 29.09.2021. Learned counsel for the petitioner submits that the petitioner has been implicated only on the basis of disclosure statement. There is no other material to connect the petitioner with the alleged crime. No recovery has been effected from the petitioner. The petitioner is in custody since 29.09.2021. Investigation is complete and challan has been presented. Without commenting anything on the merits of the case and also bearing in mind the fact that the trial is not likely to be concluded in near future, in my opinion, no useful purpose will be served by detaining the petitioner behind bars any further. The petition, as such, is accepted.

The petitioner Shambhu Singh is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. This present petition stands accepted accordingly. April 08, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.04.