High Court of Punjab and HaryanaCRM-M/42041/2021allowed

Bablu Ram v. State Of Haryana

2022-02-21Mr. Justice Arvind Singh Sangwan3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42041-2021 (O&M) Date of decision: 21.02.2022 Bablu Ram ... Petitioner Vs.

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. R.K. Singla, Advocate and Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Deepak Kumar Grewal, DAG, Haryana.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of regular bail in FIR No.646 dated 19.10.2020 under Sections 21C, 22C & 29 of NDPS Act, registered at Police Station Assandh, District Karnal.

Learned counsel for the petitioner submits that the FIR was registered on the basis of secret information that petitioner Bablu Ram is

-2involved in selling intoxicant tablets and can be apprehended with narcotic substance. Thereafter, a raiding party was constituted and the petitioner was apprehended and 1400 tablets of Tramadol Hydrochloride were recovered from the bag. It is further submitted that it will be a matter of trial whether proper procedure under Section 50 of NDPS Act has been followed or not. It is also submitted that the petitioner is in custody of 01 year, 03 months and 28 days and is not involved in any other case; out of total 12 prosecution witnesses, none has been examined so far and the trial is delayed due to COVID-19 situation.

Learned counsel further submits that two co-accused of the petitioner, namely Pardeep and Manoj Thakral have already been granted the concession of regular bail vide order dated 12.01.2021 passed in CRM-M-4672021 and the order dated 10.02.2021 passed in CRM-M-5155-2021, respectively.

Learned State counsel has filed the custody certificate dated 18.02.2022 in the Court today and has submitted that recovery from the petitioner falls in commercial quantity.

After hearing learned counsel for the parties, without commenting anything on merits of the case and considering the fact that the petitioner is in long custody; he is not involved in any other case and out of total 12 prosecution witnesses, none has been examined so far, this petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing

-3his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.

Petition is disposed of.

[ ARVIND SINGH SANGWAN ] 21.02.2022 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No