High Court of Punjab and HaryanaCRM-M/32674/2021allowed

Nachattar Singh v. State Of Punjab

2021-08-19Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 32674 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 32674 of 2021 Date of Decision: 19.8.2021 Nachattar Singh ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. K.S.Sidhu, Advocate for the petitioner.

Mr. H.S.Sitta, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 11 dated 05.5.2018 under Sections 21, 25 and 29 of the NDPS Act, 1985 registered at Police Station State Special Operation Cell, Amritsar. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case; that recovery of 500 gram heroin had allegedly been effected from the petitioner; that the petitioner has been in custody since 05.05.2018; that there is no other case pending or registered against him and similarly situated co-accused Joginder Singh has been granted regular bail by this Court on 02.8.2021. On the other hand, learned State counsel while opposing the prayer made in the present petition, on the instructions of ASI Manjinder Singh, submits that the recovery effected from the petitioner falls under the commercial quantity. However, he does not dispute the custody period of GURPREET SINGH 2021.08.19 17:31 I attest to the accuracy and integrity of this document Chandigarh

CRM-M No. 32674 of 2021 -2the petitioner.

I have heard the learned counsel for the parties. The petitioner has been in custody since 05.05.2018. He is not involved in any other case. Moreover, co-accused Joginder Singh has already been granted regular bail by this Court on 02.8.2021. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars. 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.

(HARNARESH SINGH GILL) JUDGE August 19, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.08.19 17:31 I attest to the accuracy and integrity of this document Chandigarh