High Court of Punjab and HaryanaCRM-M/32874/2021allowed

Baljeet Singh v. State Of Haryana

2021-08-18Mr. Justice Raj Mohan Singh2 pages

CRM-M No.32874 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.32874 of 2021 Date of Decision:18.08.2021 Baljeet Singh ......Petitioner Vs State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Manvinder Sidhu, Advocate for the petitioner.

Mr. Amreek Singh Narwal, DAG, Haryana.

**** RAJ MOHAN SINGH, J.(Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.0168 dated 02.06.2021, registered under Section 15 of NDPS Act, at Police Station Ellenabad, District Sirsa.

FIR was registered on the basis of secret information against Shamsher Singh and Baljeet Singh. A naka was installed and both the accused were apprehended with 40 kgs of poppy straw in a combine. Two bags each containing 20 kgs of poppy straw were recovered from the combine.

Learned counsel for the petitioner submits that the AMANDEEP GOSAIN 2021.08.18 17:31 I attest to the accuracy and integrity of this document

CRM-M No.32874 of 2021 alleged recovery is non-commercial in nature. Petitioner is in custody since 02.06.2021. Challan has been submitted, but charges have not been framed. Trial of the case may take some time in its culmination. Factual position of the case is not in dispute, however, learned State counsel opposed the bail on the ground that even in case of non-commercial quantity, petitioner can be convicted for a sufficient period. Learned State counsel has admitted that the petitioner is not involved in any other case under NDPS Act.

Looking to the quantity allegedly recovered from the two accused, keeping in view the situation arising out of Covid19 pandemic and without adverting to the merits of the case, I deem it appropriate to grant regular bail to the petitioner 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) 18.08.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No AMANDEEP GOSAIN 2021.08.18 17:31 I attest to the accuracy and integrity of this document