High Court of Punjab and HaryanaCRM-M/20461/2015dismissed

Jagmohan Singh @ Sonu v. State Of Punjab

2015-06-30Mr. Justice T.H.B. Chalapathi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20461 of 2015 (O&M) Date of Decision: 30.6.2015 Jagmohan Singh @ Sonu --Petitioner.

Vs.

State of Punjab --Respondent.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. Inderjit Sharma, Advocate for the petitioner.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks bail pending trial in FIR No.75 dated 30.7.2013 under Sections 18/15/61/85 of the Narcotic Drugs and Psychotropic Substance Act, 1985 ('NDPS Act' for short), registered at Police Station Purana Shalla, District Gurdaspur. Notice to the Advocate General, Punjab.

On the asking of the Court, Mr. Daljit Singh Virk, AAG, Punjab, accepts notice.

Learned counsel for the petitioner submits that mandatory provisions of law, particularly contained in Section 42 (d) of the NDPS Act, have been glaringly violated in the present case, which entitles the petitioner for the concession of bail pending trial. He prays for allowing the present petition.

AMIT KUMAR 2015.06.30 14:47 I attest to the accuracy and authenticity of this document

CRM-M-20461 of 2015 (O&M) On the other hand, learned counsel for the State, on instructions from ASI Surinder Singh, Police Station Purana Shalla, submits that a very heavy recovery was effected from the petitioner. He further submits that so far as trial is concerned, only three PWs are left to be examined and the next date of hearing before the learned trial court is 8.7.2015, because of which the petitioner is not entitled for bail pending trial. He prays for dismissal of the petition. Having heard the learned counsel for the parties, after careful perusal of the record of the case and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that in the given fact situation of the present case, petitioner has not been found entitled for the concession of bail pending trial.

At this stage, learned counsel for the petitioner seeks permission of the Court to withdraw the present petition. Permission is granted.

Dismissed as withdrawn, at this stage.

(RAMESHWAR SINGH MALIK) JUDGE 30.6.2015 AK Sharma AMIT KUMAR 2015.06.30 14:47 I attest to the accuracy and authenticity of this document