Jaslok @ Jassi v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Sr. No.213 Case No. : CRM-M-15711-2024 Date of Decision : August 07, 2024 Jaslok @ Jassi ....

Petitioner vs.

State of Haryana ....

Respondent CORAM :

HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. G. C. Shahpuri, Advocate for the petitioner.

Mr. Rajiv Sidhu, DAG, Haryana.

* * * GURBIR SINGH , J.

:

1.

Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.932 dated 24.12.2023, under Sections 21-B, 29, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act), registered at Police Station Palla, District Faridabad.

2.

Briefly, the case of the prosecution is that on 24.12.2023, police received secret information against the petitioner regarding selling of contraband. After preparing notice under Section 42 of the NDPS Act, nakabandi was started and petitioner was apprehended. From the search of the petitioner, 5.85 grams of smack, wrapped in polythene bag, was recovered from the pocket of the petitioner, which was taken into possession in accordance with law.

-23.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 24.12.2023. The contraband recovered from the petitioner is not of commercial quantity. The challan is already presented. In all cases pending against the petitioner, he is on bail. Completion of trial will take a long time. So, the petitioner be released on bail.

4.

Learned State counsel has opposed the bail petition on the ground that the petitioner is involved in four other cases. If he is released on bail, then he would indulge in smuggling of drugs. So, the petitioner does not deserve concession of bail.

5.

Heard.

6.

Keeping in view that the recovery effected from the petitioner is not of commercial quantity, he is in custody since 24.12.2023, challan in this case has already been presented, completion of trial may take a long time and culpability of the petitioner shall be decided during trial of the case, no useful purpose would be served by further detention of the petitioner. Moreover, pendency of other cases is not a ground to deny bail in the present case.

7.

Accordingly, without commenting upon the merits of the case, the present petition is allowed and the petitioner is directed to be released on regular bail, on his furnishing bail bonds/surety bonds, to the satisfaction of learned Trial Court/Duty Magistrate concerned. The petitioner shall also abide by the following conditions :- 1.

The petitioner shall surrender his passport

-3and shall not leave the country without the prior permission of the Trial Court.

2.

The petitioner shall give his mobile number to the Trial Court and get the same registered, on which SMS shall be received from the CIS and shall not change his mobile number during pendency of the case.

3.

The petitioner shall not change his residence without prior intimation to the concerned Police Station and the Trial Court. 4.

The petitioner shall appear before the Trial Court on each and every date of hearing.

8.

The Trial Court is at liberty to impose any other condition that it may deem appropriate. It is further clarified that in case of default of any of the conditions, the concerned Court is competent to cancel the bail granted to the petitioner.

9.

Nothing contained herein above shall be construed as an expression of opinion on the merits of the case. 10.

Pending applications, if any, shall stand disposed of along with the present petition.

August 07, 2024 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.