High Court of Punjab and HaryanaCRM-M/35746/2015allowed

Harbans Singh v. State Of Punjab

2015-11-16Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-35746 of 2015 Date of Decision: November 16, 2015 Harbans Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Ashok Giri, Advocate for the petitioner.

Mr.Varun Sharma, Asstt. 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.82 dated 09.07.2015 under Section 22 of the NDPS Act, registered at Police Station GRP Sirhind, District Fatehgarh Sahib.

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

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that as per the allegations in the FIR, 500 intoxicant tablets of Lomotil have been recovered. As per the FSL report, the average weight of each tablet is 75 mg. and it is VINEET GULATI 2015.11.17 16:49 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-35746 of 2015 -2also admitted by learned State counsel that recovery from the accused-petitioner falls under non-commercial quantity. The petitioner is in custody since 09.07.2015. He is not required for any investigation or interrogation purposes. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final 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 learned Chief Judicial Magistrate, Fatehgarh Sahib.

November 16, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.11.17 16:49 I attest to the accuracy and authenticity of this document Chandigarh