Lachman Ram v. State Of Punjab

-1In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 13.7.2021 Lachman Ram ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. L.S.Sekhon, Advocate for the petitioner.

Mr. Avtar Singh Sandhu Addl. A.G., Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. CRM-18299-2021 This is an application under Section 482 CPC for preponement of the main case, which is fixed for hearing on 17.8.2021. Notice of the application.

On the asking of the Court, Mr. Avtar Singh Sandhu Addl. A.G., Punjab accepts notice on behalf of the State. Learned counsel for the applicant-petitioner prays that the date of hearing in the main case may be preponed from 17.8.2021 and the case may be taken up for final disposal today itself.

Learned State counsel does not have any objection to the prayer made by the learned counsel for the applicant-petitioner. For the reasons mentioned in the application, the same is allowed.

-2Main case is preponed from 17.8.2021 and is taken up on board for hearing today itself.

CRM-M-33126-2020 The petitioner seeks regular bail in FIR No. 0050 dated 6.3.2020 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Patran, District Patiala. Custody certificate by way of affidavit of Deputy Superintendent, Central Prison, Patiala has been filed through e-mail. Copy of the same is taken on record.

Learned counsel for the petitioner submits that allegedly 70 kilograms of poppy husk was recovered from the garage of the petitioner; that there are three other accused in the present FIR; that the petitioner has been in custody for the last 01 year, 04 months and 02 days; and that there is no other case against him.

On the other hand, learned State counsel submits that the recovery effected from the petitioner falls under the commercial quantity. He further submits that challan has been presented and charges have not been framed.

As per the custody certificate, the petitioner has been in custody for the last 01 year, 04 months and 02 days and no other case is pending against him. In the present case, challan has been presented but the charges are not framed yet. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his

-3furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE July 13, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No