Saroj Rani v. State Of Punjab

2023:PHHC:058393

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.103+207 CRM-15296-2023 in/and CRM-M-37844-2022 Date of Decision : April 25, 2023 Saroj Rani

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Karandeep Singh Sidhu, Advocate, for the petitioner. Mr. Gurlal Singh Dhillon, AAG, Punjab.

***** SUDHIR MITTAL, J. (ORAL) CRM-15296-2023 Allowed as prayed for.

Annexures P-3 to P-5 are taken on record. Exemption sought is granted.

CRM-M-37844-2022 This petition has been filed for grant of regular bail in FIR No.125, dated 24.05.2022, registered at Police Station Guru Harsahai, District Ferozepur, under Section 22 of NDPS Act, 1985. 2.

The aforementioned FIR was registered on account of recovery of 200 tablets of Etizolam .5 mg and Elirelax .5 mg., each strip containing 10 tablets.

3.

Learned counsel for the petitioner has submitted that no batch number was mentioned on any of the strips. Only 02 strips i.e. 20 tablets were sent for chemical examination and thus, it cannot be said that commercial quantity of contraband was recovered. The petitioner has been ANKUR GOYAL 2023.04.25 15:49 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:058393 CRM-15296-2023 in/and CRM-M-37844-2022 --2-- in custody for more than 11 months and there is no other criminal case pending/decided against him. The trial is not likely to be concluded at an early date as only charges have been framed as yet. 4.

Custody certificate dated 24.04.2023 checked by Sh.Gurnam Lal, Jail Superintendent, Central Jail, Ferozepur has been filed in Court. The same is taken on record. A perusal thereof shows that the petitioner has undergone actual custody of 11 months and 03 days and there is no other criminal case pending/decided against him. 5.

Learned State counsel concedes that charges have been framed but examination of Pws has not yet commenced. 6.

From the above, it can safely be stated that this case cannot be said to be one of recovery of commercial quantity of contraband. The trial is not likely to be concluded at an early date and keeping in view the period of custody undergone as well as the fact that there is no other criminal case pending/decide against him, the petitioner deserves the concession of regular bail.

7.

The petition is allowed. He is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

8.

Nothing stated hereinabove shall be construed to be an opinion on the merits of the case.

April 25, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes Whether Reportable No ANKUR GOYAL 2023.04.25 15:49 I attest to the accuracy and integrity of this order/judgment