Jaspreet Singh @ Jass v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video conferencing) CRM-M No.30934 of 2021 Date of Decision: 22.09.2021 JASPREET SINGH @ JASS ......Petitioner Vs STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Charanpreet Singh, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.21 dated 23.02.2021 registered under Section 15-C of the NDPS Act, 1985 at Police Station, Division No.1, District Ludhiana.

As per prosecution case, 51 kgs. of poppy husk was allegedly recovered from the car.

Learned counsel for the petitioner submits that the recovery is marginally in excess of the quantity prescribed for

 commercial quantity. Learned counsel refers to Shinda vs. State of Punjab, 2013(3) R.C.R. (Criminal) 557 and Lakhwinder Singh @ Bittu vs. State of Punjab, 2012(22) R.C.R. (Criminal) 301. Co-accused Himesh Charan @ Sajjan and Harpreet Singh @ Jagga have been granted regular bail vide orders dated 28.06.2021 and 20.07.2021 passed in CRMM No.21363 of 2021 and CRM-M No.20719 of 2021 respectively.

The factual position of the case is not in dispute. However, learned State counsel submits that the petitioner is also involved in one more case under Excise Act, in which he has been released on probation. No prosecution witness has been examined so far after framing of charges. Petitioner is in custody for the last 6 months and 26 days as on 21.09.2021. Trial of the case may take sometime in its culmination.

In view of aforesaid facts and in view of the situation arising out due to COVID-19 pandemic, I deem it appropriate to enlarge the petitioner on regular bail, without adverting to the merits of the case. This petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trial

 Court/concerned Duty Magistrate.

Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case. (RAJ MOHAN SINGH) September 22, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No