Tarsem Singh @ Sema v. State Of Punjab
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Learned counsel for the petitioner submits that as per the allegations in the FIR registered at the instance of ASI Puran Singh, he apprehended a young person on suspicion of carrying some intoxicants
-2substances. On inquiry, he informed his name as Tarsem Singh @ Sema (petitioner) and the complainant gave a notice to the petitioner to be searched by a Gazetted Officer or a Magistrate on which he reposed confidence in the investigating officer. On search of the petitioner, 900 intoxicant tablets were recovered.
Learned counsel for the petitioner submits that it is the matter of trial whether the provisions of Section 42 and 50 of the NDPS Act have been properly complied with by the investigating officer. He further submits that the petitioner is in custody for the last 2 years, 6 months and 25 days and the prosecution evidence is yet to start. Learned State counsel has filed custody certificate and has not disputed the factual position.
It is submitted that the charges have been framed on 12.02.2019. However, till date no witness has been examined and the trial has been delayed due to Covid-19 situation. However, it is submitted that the petitioner is involved in two other cases under NDPS Act, though he is on bail.
After hearing the learned counsel for the parties, without commenting upon the merits of the case and also considering the fact that till date no prosecution witness has been examined and the petitioner is continuing to be in custody for the last 2 years, 6 months and 25 days, the
-3present petition is allowed and the petitioner is directed to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned.
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