High Court of Punjab and HaryanaCRM-M/20927/2020allowed

Kirandeep Singh @ Onker v. State Of Punjab

2020-08-28Mr. Justice Harnaresh Singh Gill2 pages

-1- CRM-M-20927-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-20927-2020 Date of Decision: 28.08.2020 Kirandeep Singh @ Onker ... Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. G.S.Sandhu, Advocate, for the petitioner.

Mr. S.S.Deol, DAG, Punjab.

HARNARESH SINGH GILL, J.(Oral)

! !" # $ bearing FIR No.54 dated 07.08.2019, registered at Police Station City Balachaur, District SBS Nagar, under Sections 21 and 22 NDPS Act, 1985. Learned counsel for the petitioner contends that as per the prosecution version, the petitioner was riding pillion on a motor-cycle and had thrown a white-coloured polythene bag on the road side and 15-gram of heroin was recovered from the said polythene and that the aforesaid recovery falls in non-commercial quantity.

On the other hand, learned State counsel opposes the prayer PARVEEN KUMAR 2020.08.28 05:59 I attest to the accuracy and integrity of this document

-2- CRM-M-20927-2020 made in the present petition, but he does not dispute that the recovery effected from the petitioner falls in non-commercial quantity. He also submits that there were two other FIRs registered against the petitioner in which he had been acquitted. He also submits that 03 witnesses, out of 11 prosecution witnesses, have been examined.

I have heard the learned counsel for the parties. As noticed above, recovery of 15-gram of heroin effected from the petitioner falls in non-commercial quantity. The petitioner has been in custody since 07.08.2019. Trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping him behind the bars.

&& & '

(

) 28.08.2020

& Note:

* ( +,("

+ ,("

PARVEEN KUMAR 2020.08.28 05:59 I attest to the accuracy and integrity of this document