Baljit Singh v. State Of Punjab

CRM-M-24653 of 2019 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-24653 of 2019 (O&M) Date of decision:11.02.2020 Baljit Singh ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Nitesh Singhi, Advocate for Mr. Balbir Singh Jaswal, Advocate for the petitioner.

Mr. Ramdeep Partap Singh, DAG, Punjab.

SUVIR SEHGAL, J. (Oral) The petitioner is seeking regular bail in FIR No.28 dated 04.02.2019 under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Tarn Taran, District Tarn Taran.

Learned counsel for the petitioner has submitted that allegedly 60 kgs of poppy husk was recovered from the petitioner which is marginally higher than the non-commercial quantity. He further submitted that the petitioner is in custody since 04.02.2019 and the trial is proceeding at the slow pace.

On instructions from ASI Sawinder Singh, learned State counsel has submitted that challan was presented on 22.04.2019 and charges were framed on 08.07.2019. He further submitted that 02 witnesses SAVITA KADIAN 2020.02.12 12:29 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-24653 of 2019 (O&M) {2} out of total 10 prosecution witnesses have been examined. He has also produced the custody certificate dated 10/11.02.2020 of the petitioner in Court today, which is taken on record.

Heard.

A perusal of the custody certificate shows that the petitioner is behind bars for 01 year and 03 days and he is not involved in any other matter.

Considering the fact that since the petitioner is in custody since 04.02.2019 and the trial is likely to take sometime to conclude, no useful purpose would be served by keeping the petitioner behind the bars any further.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(SUVIR SEHGAL) JUDGE February 11, 2020 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2020.02.12 12:29 I attest to the accuracy and integrity of this document High Court Chandigarh