Buta Singh v. State Of Punjab
Cr. Misc. M 37199 of 2016 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr. Misc. M 37199 of 2016 Date of decision: 11.11.2016 Buta Singh Petitioner vs.
State of Punjab Respondent
Present:
Mr.Vaneet Sharma, Advocate.
Mr. Jashanpreet Singh, AAG, Punjab M.M.S.BEDI,J.
The petitioner has been in custody since 4.1.2015 in a case registered on the basis of a secret information, pursuant to the recovery of 13 kgs of heroin along with cash and arms from Gurjit Singh. The petitioner was involved in the case on the basis of statement of coaccused Amandeep Singh. The name of said Amandeep Singh was disclosed by Gurjit Singh. Another 500 grams of heroin was allegedly recovered from Gurjit Singh.
After hearing counsel for the parties and going through the police file, it transpires that no recovery was made from the petitioner. Taking into consideration the fact that the petitioner has been in custody since 4.1.2015 and challan stands already presented, he can be granted the concession of bail.
Learned State counsel has opposed the petition on the ground that the petitioner is involved in five other cases of NDPS Act. Be that as it may, the petitioner can be granted the concession of bail in the present case as it is a case of no recovery from the petitioner. It will certainly be a debatable issue whether on the basis of the recoveries made from the coTapinder Singh Mann 2016.11.11 16:49 I attest to the accuracy and integrity of this document
Cr. Misc. M 37199 of 2016 accused, the petitioner can be said to have committed an offence under the NDPS Act.
Without expression of any opinion on merits of the case, the petition is allowed. The petitioner is ordered to be released on bail in the present case,on his furnishing bail bonds/ surety bonds to the satisfaction of the trial court November 11 ,2016 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2016.11.11 16:49 I attest to the accuracy and integrity of this document