Salauddin v. State Of Haryana

TAPINDER SINGH MANN 2016.04.21 17:03 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 9015 of 2016 Date of decision: 21.4.2016 Salauddin Petitioner vs.

State of Haryana Respondent

Present:

Mr.Gaurav Gupta, Advocate.

Mr. CS Bakhshi, Addl.A.G. Hry M.M.S.BEDI,J.

The petitioner was allegedly driving the three wheeler carrying Karan Singh, who has been found to be in possession of two bags of ganja, total weighing 20.240 kgs. The petitioner has been in custody w.e.f. 26.9.2015. The quantity recovered in the case is slightly above the commercial quantity but recovery having not been effected from the petitioner, he has been involved in the case during the course of investigation. The petitioner is alleged to have disclosed that he along with co-accused had been getting the contraband from Jamil, who has been granted the concession of anticipatory bail. It will certainly be a debatable issue during the course of trial whether the petitioner could be said to be in joint possession of the contraband carried by his co-accused. The petitioner being in custody w.e.f. 26.9.2015, he can be granted the concession of bail.

The petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial court.

April 21 ,2016 ( M.M.S.BEDI ) TSM JUDGE