Jarnail Singh v. State Of Punjab

210.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.23700 of 2020 (O&M) DATE OF DECISION: 28.08.2020 Jarnail Singh .....Petitioner versus State of Punjab .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Gursimran Singh Madaan, Advocate for the petitioner Mr. Ramandeep Sandhu, Senior Deputy Advocate General, Punjab ..

ALKA SARIN, J.: (Oral) Heard through video conferencing.

The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of concession of regular bail to the petitioner in FIR No.77 dated 26.04.2020 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Bilga, Jalandhar.

It has been contended by the learned counsel for the petitioner that the allegation in the FIR is that 95 strips of Alprasafe 0.5 containing 10 tablets each were recovered from a polythene bag allegedly thrown on the road from the Swift car in which the petitioner is said to have been travelling. As per the FSL report, the total weight of the salt Alprazolam is 125.4 gms which is marginally higher than the commercial quantity of 100 gms. It has also been contended by the learned counsel for the petitioner that the petitioner has been falsely implicated in the case and that the petitioner had moved an application

CRM-M No.23700 of 2020 -2 - before the Trial Court for directing the telecom companies to preserve the call location/record of 26.04.2020 of the Police officials as well as the National Highways Authority of India for preserving the CCTV Footage/Record regarding arrival (Phillaur side) of vehicle bearing registration No.PB-O23-H-0959 Swift Car at Toll Plaza, Sutlej Bridge, Ladowal (Ludhiana) and departure (Ladowal side). The said application was allowed by the Trial Court on 04.06.2020. Notice of motion.

On the asking of the Court, Mr. Ramandeep Sandhu, Senior Deputy Advocate General, Punjab has put in appearance. He has stated, on instructions, that this is not a fit case for grant of regular bail inasmuch as the quantity recovered was commercial in nature. He has, however, stated that there is no other case pending against the petitioner. The recovery in the present case is of 125.4 gms of salt Alprazolam, allegedly from a polythene bag thrown on the road from the Swift car in which the petitioner is said to have been travelling. The case of the petitioner is that he has falsely been implicated in the case. The recovery is marginally on the higher side than the commercial quantity and the petitioner has been in custody since 26.04.2020. In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner has been in custody since 26.04.2020 and the trial is also unlikely to conclude in the near future in view of the current scenario in the wake of the outbreak of the COVID-19 pandemic, I deem it to be a fit case to grant the

CRM-M No.23700 of 2020 -3concession of regular bail to the petitioner. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, concerned. However, the prosecution will always be at liberty to get the bail cancelled, in case the petitioner is found to be misusing the concession of bail in any manner.

Disposed off.

(ALKA SARIN) JUDGE 28.08.2020 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO