Nirmal Singh v. State Of Punjab

2023:PHHC:094904 CRM-M-15631-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15631-2023 Date of Decision: 24.07.2023 Nirmal Singh ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Suram Singh Rana, Advocate, for the petitioner.

Mr. G.S.Sandhu, DAG, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail pending trial in case FIR No.107 dated 23.12.2022 registered under Sections 15, 18 and 29 of the NDPS Act, 1985, at Police Station Khui Khera, District Fazilka.

2.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally false and concocted. The petitioner is not involved in the crime as alleged against him. Even as per the story of the prosecution, the allegation against the petitioner is possession of noncommercial quantity of the contraband. The petitioner is in custody since 26.12.2022 and that there is no other case against the petitioner. The petitioner is not required for any investigation purposes. 3.

On the other hand, learned counsel for the State, being VIRENDRA SINGH ADHIKARI 2023.07.26 14:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:094904 CRM-M-15631-2023 -2instructed by ASI Bhagwan Singh, has submitted that 40 Kgs. of poppy husk and 1.5 Kgs. of opium were recovered from the two persons. Therefore, the petitioner is directly involved in the crime. However, it is not disputed that the petitioner is in custody since 26.12.2022 and that there is no other case against the petitioner.

4.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 24.07.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.07.26 14:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh