High Court of Punjab and HaryanaCRM-M/21759/2023allowed

Dharampreet Singh Alias Dhrampreet Singh @ Bittu v. State Of Punjab

2023-08-02Mr. Justice Rajbir Sehrawat2 pages

2023:PHHC:099407 CRM-M-21759-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21759-2023 Date of Decision: 02.08.2023 Dharampreet Singh alias Dhrampreet Singh @ Bittu ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Atul Goyal, Advocate, for the petitioner.

Mr. G.S.Sandhu, DAG, Punjab, for the respondent.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.12 dated 21.02.2023 registered under Section 22(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985, at Police Station Lakhewali, District Shri Muktsar Sahib.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. Just to connect the petitioner to the alleged crime, the police have fabricated the alleged recovery of 150 tablets of Tramadol from the petitioner. The petitioner is in custody since 21.02.2023. The petitioner is not required for any investigation purposes. Hence, the petitioner deserves to be granted concession of bail pending trial. On the other hand, learned counsel for the State, on instructions VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:099407 CRM-M-21759-2023 -2from ASI Satish Kumar, has submitted that recovery of contraband was effected from the petitioner only. Not only that, the petitioner is having another case under the NDPS Act against him. However, it is not disputed that the petitioner is in custody since 21.02.2023 and that the alleged recovery is a non-commercial quantity.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 02.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh