Amritpal Singh @ Jassu v. State Of Punjab

2023:PHHC:099356 CRM-M-37000-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37000-2022 Date of Decision: 02.08.2023 Amritpal Singh @ Jassu ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Sumeet Singh Brar, Advocate, and Mr. Charanjit Singh Bahia, Advocate, for the petitioner.

Mr. G.S.Sandhu, DAG, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail pending trial in case FIR No.0086 dated 10.04.2022 registered under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Canal Colony Bathinda, District Bathinda. 2.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner was only a driver of the truck from which the alleged material has been recovered. The said truck was having consignment of salt and in the said consignment, some bags of poppy husk were allegedly placed. The owner of the said truck was also travelling on the said vehicle. Therefore, offence, if any, is committed, it is done by the owner of the truck and not by the petitioner. Otherwise VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:099356 CRM-M-37000-2022 also, the petitioner is in custody since 12.04.2022. There is no other case against the petitioner. The petitioner is not required for any investigation purposes. Hence, the petitioner deserves concession of bail pending trial. 3.

On the other hand, learned counsel for the State, being instructed by ASI Iqbal Singh, has submitted that since the material was recovered from the said vehicle in which the petitioner was driving, therefore, the petitioner is directly involved in the crime. However, it is not disputed that even the owner of the said truck was found present in the said vehicle and that there is no other case against the petitioner. It is also not disputed that the petitioner is in custody since 12.04.2022. 4.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 02.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh