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High Court of Punjab and HaryanaCRM-M/30406/2020allowed

Vikramjeet Singh v. State Of Punjab

2020-10-27Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30406 of 2020 DATE OF DECISION : 27.10.2020 Vikramjeet Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Vishnu Dutt, Advocate and Mr. Naveen Bawa, Advocate, for the petitioner.

Mr. P. S. Walia, AAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) The petitioner is seeking regular bail in FIR No.0181 dated 20.08.2019 under Sections22 & 25 of NDPS Act, registered at Police Station Sadar Khanna, District Khanna.

2.

As per allegations, petitioner along with his co-accused was found in possession of 150 intoxicant tablets of B-Calm (0.5 mg), 800 capsules of Parvas Spas, 190 injections of Avil and 200 injections of Legesic (2 ml), without any permit or license.

3.

Learned counsel for the petitioner contends that petitioner has been falsely implicated. Nothing was recovered from conscious possession of the petitioner. The provisions of NDPS Act were not followed. He further submits that petitioner is in custody since 20.08.2019. Investigation is complete and challan has been presented.

SHABHA 2020.10.27 21:45 I attest to the accuracy and integrity of this document

4.

Learned counsel further argues that co-accused, who has been attributed similar role, has already been granted the concession of regular bail by this Court vide order dated 13.07.2020 passed in CRM-M-15955 of 2020 and he seeks parity on the same ground.

5.

On the other hand, learned State counsel opposes the bail plea. He argues that the contraband recovered is commercial in nature. He, however, admits that the role attributed to the present petitioner is the same as of the coaccused who has been granted bail by this Court. He further admits that the trial is being held up due to Covid-19 pandemic.

6.

Having heard learned counsel for the petitioner as also learned State counsel, this Court is of the opinion that no useful purpose would be served by keeping the petitioner in further preventive custody since the investigation is already complete and challan has been presented. The trial is not likely to commence or conclude any time soon due to current pandemic conditions. The petitioner is stated to be in custody since 20.08.2019. 7.

In the premise, the instant petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty magistrate. OCTOBER 27, 2020 (ARUN MONGA) shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHABHA 2020.10.27 21:45 I attest to the accuracy and integrity of this document