Sukhraj Singh v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-18439-2021 (O&M) Date of Decision:-20.5.2021 Sukhraj Singh ... Petitioner

Versus

State of Haryana ... Respondent \

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gurdarshan Singh Sidhu, Advocate for the petitioner. Mr. Gagandeep Singh Chhina, AAG, Haryana, assisted by SI Satbir Singh.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of regular bail in a case registered vide FIR No.16 dated 24.1.2021 at Police Station Nathusari Chopta, District Sirsa under Section 17 of NDPS Act, wherein it is alleged that the petitioner was found in possession of 500 grams of 'opium'

2.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that in any case it is a case pertaining to allegation of recovery of intermediate quantity of contraband i.e. 500 grams of 'opium' and that since challan already stands presented, he is not required to be detained any longer.

PANKAJ KAKKAR 2021.05.20 20:00 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-18439-2021 (O&M) 3.

Opposing the petition, learned State counsel has submitted that since the petitioner was caught red handed with the contraband, no case for grant of bail is made out. Learned State counsel has informed that the petitioner had earlier been involved in two cases registered under NDPS Act and that while he stands acquitted in one of the said cases, the other one is still pending. Learned State counsel has, however, informed that the petitioner has been behind bars since the last about 3 months and 3 weeks and that challan already stands presented.

4.

I have considered rival submissions addressed before this Court. 5.

Having regard to the fact that it is a case of recovery of intermediate quantity of contraband and that the petitioner has already been behind bars since the last about 3 months and 3 weeks and challan already stands presented, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 20.5.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.05.20 20:00 I attest to the accuracy and integrity of this document