Naresh Kumar v. State Of Punjab

CRM-M-28750-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-28750 of 2017 (O&M) Date of Decision: November 07, 2017 Naresh Kumar ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. T.S.Sanga, Sr. Advocate with Mr. Narinder Singh, Advocate for the petitioner (s).

Mr. V.G.Jauhar, Sr. D.A.G., Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 40 dated 11.06.2017 registered for the offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Naya Gaon, District SAS Nagar (Mohali).

Heard.

Learned State counsel submits that Chemical Examiner/FSL Report has been received, as per which, the contraband recovered from the petitioner was found to be of Charas. Total quantity was 1 Kg. 100 gram of Charas which falls in commercial quantity.

Learned counsel for the petitioner submits that the weight of the contraband was taken along with bag of plastic. The weight of bag was Jyoti 2017.11.08 13:39 I attest to the accuracy and authenticity of this document

CRM-M-28750-2017 -2neither separately taken nor mentioned in the recovery memo. There is every possibility that weight of plastic bag may be more than 100 grams and this fact will be looked into by the trial Court on the basis of evidence produced before it.

On perusal of the file, I find that the contraband was recovered with a bag of plastic. It is not mentioned in the FIR that it was a light bag of plastic or some other type of bag in which contraband was kept. Keeping in view the above facts, I find that it is for the trial Court to see as to what was the weight of bag of plastic in which contraband was recovered and which was weighed with the contraband. This petition is allowed. Order dated 11.08.2017 vide which petitioner Naresh Kumar was released on interim bail is made absolute, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) November 07, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.11.08 13:39 I attest to the accuracy and authenticity of this document