Chhinder Singh @ Chhinda v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-31491 of 2019 (O&M) Date of Decision: 30.09.2020 Chhinder Singh @ Chhinda

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Manu Loona, Advocate, for the petitioner.

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

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Instant petition is under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.45 dated 11.04.2019 under Sections 22/61 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Arniwala, District Fazilka.

2.

Per FIR, on 11.04.2019, a police party, while on patrolling, apprehended the petitioner on suspicion as he tried to flee on seeing the police party. Suspecting some narcotic substance, 1620 tablets of Clovidol were recovered. Case was registered. Petitioner was arrested.

3.

Learned counsel for the petitioner submits that recovery was effected from the road side. But as per the prosecution, the alleged contraband was lying near/on the motorcycle, which was driven by the petitioner. 4.

He further submits that petitioner has been in custody since 11.04.2019 and no any other case under the NDPS Act is pending against him. He further submits that investigation is over, challan has been filed, but there is no headway in the trial. SONU 2020.09.30 15:55 I attest to the accuracy and integrity of this document

5.

On the other hand, learned State counsel opposes the bail plea. He submits that large quantity of intoxicant tablets was recovered. He, however, does not dispute that the petitioner is in custody since 11.04.2019 and that there is not much progress in the trial.

6.

The petitioner has been in custody since 11.04.2019. There is no headway in the trial and is not likely to conclude anytime soon due to covid-19 pandemic. Courts are currently working with restrictions and taking up only urgent matters. Considering the overall scenario, without commenting on the merits of the case, the petition is allowed. Petitioner shall be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, as the case may be.

SEPTEMBER 30, 2020 (ARUN MONGA) vandana 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