Surender v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-28721 of 2020 Date of Decision: October 19, 2020 Surender

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Satnam Singh Gill and Ms.Manjot Kaur, Advocates, for the petitioner.

**** ARCHANA PURI, J.

The matter has been taken up through video conferencing in the light of the COVID-19 pandemic.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.35 dated 04.02.2020 under Section 15 of the NDPS Act, registered at Police Station Jind Sadar, District Jind. Notice of motion.

Ms.Harpreet Kaur, AAG, Haryana, accepts notice on behalf of the respondent-State.

Heard on the petition.

As per version of the prosecution, on 04.02.2020, the petitioner was found in the possession of 15 plastic bags each weighing 10 kgs. containing poppy husk and the total weight of recovered poppy husk was VINEET GULATI 2020.10.19 12:47 I attest to the accuracy and authenticity of this document Chandigarh 150 kgs.

CRM No.M-28721 of 2020 -2Now, it is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in the present case. However, the plea of false implication can only be ascertained at the appropriate stage, during the course of trial. The extent of recovery effected from the petitioner falls in the category of commercial quantity and thus rigors of Section 37 of the NDPS Act are attracted to the same. At this stage, there is nothing, as such, coming on record about there to be existing reason or ground that the applicant is not guilty of such offence and that he is not likely to commit any offence while on bail.

Considering the same, at this stage, no case is made out for grant of regular bail to the petitioner.

Consequently, finding no merit in the present petition, the same is dismissed.

(ARCHANA PURI) JUDGE October 19, 2020 Vgulati Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2020.10.19 12:47 I attest to the accuracy and authenticity of this document Chandigarh