High Court of Punjab and HaryanaCRM-M/28746/2015allowed

Sumit Dahiya v. State Of Punjab

2015-10-01Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-28746 of 2015 Date of Decision: October 01, 2015 Sumit Dahiya

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Anil Kumar Bhardwaj, Advocate for the petitioner.

Ms.Simsi Dhir Malhotra, Deputy Advocate General, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.63 dated 05.04.2015 under Section 20 of the NDPS Act, registered at Police Station Zirakpur, District Mohali.

Notice of motion was issued and learned State counsel appeared and contested the petition.

Police record is also available.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per the prosecution version, on 05.04.2015, 20 kgs. of ganja was recovered in two plastic bags, containing 10 kgs. in each VINEET GULATI 2015.10.01 16:40 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-28746 of 2015 -2bag, from the present petitioner as well as co-accused Lalit Kumar. Learned State counsel admits that 20 kgs. of ganja falls under non-commercial quantity.

The petitioner is in custody since 05.04.2015. He is not required for any investigation or interrogation purposes. Nothing is to be recovered from him as he is in judicial custody and he is only to face trial. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate SAS Nagar (Mohali).

October 01, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.10.01 16:40 I attest to the accuracy and authenticity of this document Chandigarh