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High Court of Punjab and HaryanaCRM-M/23722/2023allowed

Rajesh Kumar Alias Thakur v. State Of Punjab

2024-04-23Mr. Justice Sandeep Moudgil2 pages

        

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Learned counsel for the petitioner submits that the alleged recovery of 153 intoxicating tablets from a transparent polythene bag were recovered which was allegedly found in the right pocket of the lower of the petitioner. He further submits that despite framing of charges on 06.12.2021, the trial has not yet advanced and is being delayed on account of nonproduction of prosecution witnesses. He further submits that the petitioner is not involved in any other case.

Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. He prays for dismissal of the present petition stating that the allegations against the petitioner are serious in nature and the recovery found against the petitioner falls under the commercial DINESH BANSAL 2024.04.23 18:26 I attest to the accuracy and integrity of this document Chandigarh

       

 quantity. He further asserts that the petitioner is involved in another case as is evident from the custody certificate also.

Be that as it may, considering the fact that investigation is complete and charges have been framed on 06.12.2021 and the custody period undergone by the petitioner i.e. 01 year, 08 months and 22 days as of now, as far as the involvement of the petitioner in another case is concerned i.e. in FIR No.42 dated 11.05.2022, he has already completed his sentence awarded therein on 16.02.2024, added with the fact that out of total 11 prosecution witnesses, none has been examined so far which is suffice to infer for this Court that the conclusion of trial shall take considerable time, this Court is of the view that 

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However, it is made clear that any observation made hereinabove, shall not be construed as an expression of opinion on the merits of the case.

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