Paramjit Ram @ Shera @ Paramjit Singh v. State Of Punjab

2023:PHHC:101825

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-24186-2023 (O&M) Date of Decision: 07.08.2023 PARAMJIT RAM @ SHERA @ PARAMJIT SINGH ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Satnam Singh Gill, Advocate for the petitioner.

  

 

   **** HARNARESH SINGH GILL, J.(Oral) Through this second petition, the petitioner seeks regular bail in case bearing FIR No.81 dated 11.04.2019, registered at Police Station City Rajpura, District Patiala, under Sections 15 and 29 of the NDPS Act, the first one having been dismissed on merits by this Court, vide order dated 08.10.2021.

Status report by way of an affidavit dated 07.08.2023 of the Deputy Superintendent of Police, Sub-Division Rajpura, District Patiala, filed on behalf of the respondent-State, in the Court, is taken on record. Learned counsel for the petitioner submits that though the alleged recovery effected in the present case, is a commercial quantity, yet the fact remains that the petitioner has been in custody for the last more that 4 years and 3 months; that out of total 17 prosecution witnesses, only 3 have been examined so far; that there is no other case registered and/or AMAN JAIN 2023.08.08 16:35 I attest to the accuracy and integrity of this document

CRM-M-24186-2023 (O&M) -2pending against the petitioner. He further submits that the petitioner is alleged to be the driver of the truck, from which the recovery was effected and that the said truck was loaded with onions also. On the other hand, learned State counsel, while opposing the grant of bail to the petitioner, does not dispute the custody period of the petitioner. He, however, submits that recovery of   in the present case, falls under commercial quantity and that Section 37 NDPS Act bars the grant of bail to the accused in case of commercial quantity. He further submits that material witnesses are yet to be examined and, thus, the petitioner be not granted the concession of regular bail.

          

        

                    

         

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07.08.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2023.08.08 16:35 I attest to the accuracy and integrity of this document