High Court of Punjab and HaryanaCRM-M/20620/2021dismissed

Sanjay v. State Of Haryana

2021-08-31Mr. Justice Avneesh Jhingan2 pages

CRM-M-20620-2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CRM-M-20620-2021 Date of Decision: 31.08.2021 Sanjay Petitioner

Versus

State of Haryana Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Akashdeep Singh, Advocate for the petitioner. Ms. Harpreet Kaur, Assistant Advocate General, Haryana. **** AVNEESH JHINGAN, J (Oral):

[1] Due to COVID-19 situation, the Court is convened through video conference.

[2] This petition under Section 439 Cr.P.C. is filed seeking regular bail in F.I.R. No. 280, dated 12th October, 2020 under Section 20-C of the Narcotic Drugs & Psychotropic Substances Act, 1985 [hereinafter 'the Act'] (Section 29 of the Act was added later on) registered at Police Station Lakhan Majra, Rohtak. [3] The police acting on a secret information on 11th October, 2020, checked vehicle bearing registration No. HR-39B-6978. The vehicle was driven by Sanjay (petitioner), 360 kilograms of charas (ganja) was recovered from the vehicle.

[4] Learned counsel for the petitioner submits that as per story PANKAJ BAWEJA 2021.08.31 17:37 I attest to the accuracy and integrity of this document High Court

CRM-M-20620-2021 -2putforth by the prosecution, the petitioner was only a carrier who was hired by the other co-accused for bringing the contraband from Chattisgarh. He further submits that co-accused have been granted bail.

[5] Learned State counsel opposes the prayer for grant of bail and submits that recovery is of commercial quantity and petitioner is involved in one more case under the Act.

[6] The petition is not at parity with the co-accused, they were named in the disclosure statements. No recovery was effected from the co-accused whereas petitioner was apprehended from the spot. He was driver-cum-incharge of the vehicle from which recovery of 360 kilograms of ganja was effected. The case falls within the ambit of Section 37 of the Act.

[7] No case is made out for grant of bail, the petition is dismissed.

[8] However, it is clarified that nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case. [AVNEESH JHINGAN] JUDGE 31st August, 2021

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PANKAJ BAWEJA 2021.08.31 17:37 I attest to the accuracy and integrity of this document High Court