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High Court of Punjab and HaryanaCRM-M/15686/2022dismissed

Vijay Singh v. State Of Punjab

2022-07-19Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-15686-2022 (O&M) Date of Decision: 19.07.2022 VIJAY SINGH ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. MS Bhatti, Advocate for the petitioner.

Mr. Harbir Sandhu, AAG Punjab.

**** HARNARESH SINGH GILL, J.(Oral) Through this petition, the petitioner seeks regular bail in case bearing FIR No.184 dated 13.12.2021, registered under Sections 22, 61 and 85 of the NDPS Act, at Police Station Balongi, District Mohali. Learned counsel for the petitioner submits that the bag from which the alleged recovery of 39,000/- intoxicant tablets were recovered does not belong to the petitioner and that the petitioner has been in custody since 13.12.2021. He further submits that the petitioner was the pillion rider on the motorcycle, which was driven by the co-accused and that there is no other case registered and/or pending against the petitioner. On the other hand, learned State counsel while opposing the prayer for grant of regular bail to the petitioner, submits that the recovery effected in the present case, falls under the commercial quantity and Section 37 of the NDPS Act bars the grant of bail to the accused in case AMAN JAIN 2022.07.20 17:18 I attest to the accuracy and authenticity of this order/judgment

CRM-M-15686-2022 (O&M) -2of the commercial quantity. He further submits that the recovery was effected from a bag which was lying in between the petitioner and the coaccused, while they were travelling on the motorcycle. He further submits that the bail petition preferred by co-accused, namely, Mange @ Ravi, had been dismissed by this Court on 06.07.2022. He, thus, prays for dismissal of the present petition.

I have heard the learned counsel for the parties. Keeping in view the stringent provisions of Section 37 of the NDPS Act and the possibility of the petitioner's involving himself in similar crime again, if granted the concession of bail, do not entitle him for the concession of regular bail.

In view of the above, no ground is made out to grant the concession of regular bail to the petitioner. Dismissed.

19.07.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2022.07.20 17:18 I attest to the accuracy and authenticity of this order/judgment