Gurpreet Singh @ Tota v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: May 14, 2024 Gurpreet Singh @ Tota .... Petitioner

Versus

State of Punjab .... Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: - Mr. Arjun Veer Sharma , Advocate for the petitioner.

Mr. Rohit Ahuja, DAG., Punjab.

**** HARSIMRAN SINGH SETHI, J. (ORAL) 1.

The present petition has been filed under Section 439 Cr.P.C.for grant of regular bail to the petitioner in FIR No.20 dated 11.03.2021 registered under Section 22-C of NDPS Act, 1985 and also charge had been framed under Section 22 (b) of NDPS Act,1985 at Police Station Harike, District Tarn Taran. 2.

Learned counsel for the petitioner submits that the petitioner is behind bars for more than three years and there is a delay in concluding the trial hence, the petitioner should be granted the benefit of regular bail. Learned counsel for the petitioner further submits that Section 42 of the NDPS Act, 1985 has been violated while arresting the petitioner hence, on this ground also the petitioner is entitled to grant of concession of regular bail.

3.

Learned counsel for the respondent submits that in the present case, no seizure has been made from any building, conveyance or any enclosed place hence, Section 42 of NDPS Act, 1985 will not come into operation and further, with regard to the prayer of learned counsel for the petitioner for grant of

concession of regular bail only on the ground that the petitioner has undergone incarceration for more than three years, it may be noticed that the petitioner is a habitual offender and there are five pending cases relating to the violation of NDPS Act, 1985 and one case relates to the violation of Excise Act, hence, the petitioner should not be granted the concession of regular bail. 4.

Learned counsel for the petitioner has not been able to rebut the submissions of the learned State counsel. I have heard learned counsel for the parties and have gone through the record of the case with their able assistance.
   

   

   

  

   

    

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         May 14, 2024 ( HARSIMRAN SINGH SETHI ) archana JUDGE Whether speaking/reasoned Yes/No