Ishu Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29362 of 2020 (O & M) DATE OF DECISION : 30.09.2020 Ishu Kumar

...Petitioner

Versus

State of Punjab

...Respondent

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

Mr. Amaninder Preet, Advocate, for the petitioner.

Mr. Prabhjot Singh Walia, AAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) This is a petition for grant of regular bail in FIR No.95 dated 25.02.2020 under Sections 22, 25 & 29 of NDPS Act registered at Police Station City Barnala, District Barnala.

2.

Learned counsel for the petitioner contends that petitioner is a licensed chemist and running a chemist shop under the name and style of M/s Ashu Medicos, Barnala. On an earlier occasion also, two FIRs were registered against the petitioner and he was acquitted in both the cases. 3.

Learned counsel further submits that petitioner was not named in the present FIR. He has been nominated only on the basis of disclosure statement made by the co-accused. He further submits that neither the petitioner was arrested from the spot, nor any contraband has been recovered from him. The petitioner is in preventive custody since 03.09.2020. There is no headway in the trial due to Covid-19 pandemic.

SONU 2020.09.30 15:55 I attest to the accuracy and integrity of this document

4.

Learned counsel further submits that co-accused of the petitioner have already been granted the concession of regular bail by this Court and he seeks parity on the same grounds.

5.

Learned State counsel, per instructions ASI Jarnail Singh, does not controvert that nothing was recovered from the petitioner. 6.

Having heard learned counsel for the petitioner, as well as learned State counsel, this Court is of the view that no useful purpose would be served by keeping the petitioner behind the bars. Nothing has been recovered from the petitioner and he is in custody since 03.09.2020. The trial is not likely to commence or conclude any time soon on account of current pandemic conditions.

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 trial Court/Illaqa Magistrate/ Duty Magistrate. SEPTEMBER 30, 2020 (ARUN MONGA) shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.30 15:55 I attest to the accuracy and integrity of this document