High Court of Punjab and HaryanaCRM-M/34595/2018allowed

Ravinder v. State Of Haryana

2018-08-16Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.34595 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.34595 of 2018 Decided on: 16.08.2018 Ravinder ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. S.S. Gill, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.224 dated 02.05.2018, for offence punishable under Section 15/29/61/85 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), registered at Police Station Shahabad, District Kurukshetra.

Counsel for the petitioner has submitted that as per the allegation in the FIR, the police party had seen a person, who was holding a polythene bag and on seeing the police party, he started walking in the opposite direction and the polythene bag carried by him fell on the road and the poppy husk scattered on the road, which was collected by the police party. It is further submitted that the recovery is of 02 Kgs of poppy husk and the petitioner is in custody since 02.05.2018, the challan has been presented and the FSL report is still awaited.

MOHD YAKUB 2018.08.16 17:01 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.34595 of 2018 Counsel for the State, on instructions from SI Balbir Singh, has not disputed the factual position, however, opposed the prayer for bail on the ground that the petitioner was earlier convicted in a case under the NDPS Act, pertaining to an FIR registered in the year 2013. Without commenting anything on merits of the case and considering the fact that the recovery is of intermediate quantity and in the earlier FIR pertaining to the 2013 year, the petitioner is on bail and also in view of the fact that the contraband, at the time of recovery, was lying scattered on the road, this petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 16.08.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.08.16 17:01 I attest to the accuracy and authenticity of this document High Court, Chandigarh