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High Court of Punjab and HaryanaCRM-M/22151/2018allowed

Lakhwinder Singh @ Lakha v. State Of Punjab

2018-05-29Mr. Justice Arvind Singh Sangwan3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 29.05.2018 Lakhwinder Singh @ Lakha ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Ankush Singla, Advocate for the petitioner. Mr. Abhay Pal Singh Gill, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.22 dated 19.02.2018, for offence punishable under Sections 61 of the Punjab Excise Act, 1914 and 21, 22 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station City Raikot, District Ludhiana. Counsel for the petitioner has submitted that the coaccused of the petitioner namely Raju Singh @ Raja and another have already been granted the concession of regular bail vide order dated 24.04.2018 passed in CRM-M No.15510 of 2018 whereas Harwinder Singh has also been granted the concession of interim bail vide order dated 18.05.2018 passed in CRM-M No.20086 of 2018 as the FSL report is still awaited.

Counsel for the petitioner has further submitted that as per the allegation in the FIR, some intoxicant material was kept concealed

on the back side of a Gurudwara and the petitioner and his co-accused were in preparation of supplying the same in the Raikot City as well as in the nearby villages, in conspiracy with their other friends. Counsel for the petitioner has further submitted that as per the Custody Certificate, the petitioner has undergone 03 months and 05 days of judicial custody. Counsel for the petitioner has relied upon Inderjeet Singh @ Laddi and others vs State of Punjab, 2014 (3) RCR (Criminal) 953, to contend that till the report of the FSL is received, the petitioner be released on interim bail. Counsel for the petitioner has further submitted that the petitioner is not involved in any other case and till date, the report of the FSL/Chemical Examiner has not been received.

Learned State counsel, on instructions from ASI Major Singh, has not disputed the factual position and further submitted that the recovery of 250 gms. of intoxicant powder is effected and the FSL report is still awaited. It is further submitted that the petitioner is not involved in any other similar case.

In view of the judgment of this Court in Inderjeet Singh @ Laddi's case (supra), wherein it has been held that awaiting the report of Chemical Examiner/FSL, the sentence of the petitioner can be suspended till receiving of such report.

Accordingly, this petition is allowed and the petitioner is directed to be released on interim bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate, till receiving of the FSL report.

The petitioner shall submit an undertaking before the trial

Court along with his bail/surety bonds that he will surrender before the trial Court on receiving the FSL report.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 29.05.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No