Kanshi Nath @ Kanshi v. State Of Haryana

-1CRM-M-27688 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-27688 of 2018 Date of Decision: 12.11.2018 Kanshi Nath @ Kanshi ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Sandeep Kotla, Advocate, for the petitioner. Mr. Yashwinder Singh, DAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to petitioner Kanshi Nath @ Kanshi in a case arising from FIR No.249 dated 04.05.2018 registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Quila, Panipat.

According to the prosecution, complicity of the petitioner was found in the instant case on the basis of disclosure statement of co-accused Goldy @ Abhinav, who was apprehended with conscious possession of 215 Kgs. of "ganja patti" without any permit or license. Learned counsel for the petitioner inter alia contends that FSL report has not yet been received. Therefore, it cannot be said at this stage that alleged recovered substance was a narcotic substance. Petitioner has falsely been implicated on the basis of disclosure statement of co-accused, which is a very weak type of evidence. Petitioner is in custody since RAVINDER SINGH 2018.11.13 14:57 I attest to the accuracy and authenticity of this document 23.05.2018.

-2CRM-M-27688 of 2018 In view of above, but without expressing any opinion on the merits of the case, the petitioner is granted interim bail subject to furnishing personal bonds and two sureties of `2.00 lakh each, to the satisfaction of Special Court concerned only till receipt of the FSL report. The petition stands disposed of accordingly.

(RAMENDRA JAIN) November 12, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.11.13 14:57 I attest to the accuracy and authenticity of this document