Gorakhjit Singh v. Union Of India

CRM-M-42997-2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CRM-M-42997-2021 Decided on: 8th March, 2022 Gorakhjit Singh Petitioner

Versus

Union of India, NCB, Chandigarh Zonal Unit through its Intelligence Officer Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Ms. G.K. Mann, Senior Advocate with Mr. Sunil Kumar, Advocate for the petitioner. Ms. Gurmeet Kaur, Advocate for the respondent. **** AVNEESH JHINGAN, J (Oral):

[1] This petition under Section 439 Cr.P.C. is filed seeking regular bail in NCB Crime No. 49 of 2020, dated 29th September, 2020 under Sections 8, 20(b)(ii)(C), 25, 27A, 28, 29, 30, 60 and 62 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Mullanpur, District SAS Nagar (Mohali). [2] Brief facts of the case are that Narcotics Control Bureau ['NCB'] received secret information that three persons namely Simranpal Singh @ Simran, Harish Kumar and Gorakhjit Singh (petitioner) resident of Ludhiana, purchased huge quantity of charas from Kullu and for selling the same came to Ludhiana. Finding the information reliable, it was acted upon and at the check-post on BaddiKurali road, a car bearing registration No. PB-29R-9274 was checked. PANKAJ BAWEJA 2022.03.09 10:07 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M-42997-2021 -2Simranpal Singh @ Simran, Harish Kumar and petitioner were apprehended and 1 kilogram and 5 grams of charas was recovered. [3] Learned senior counsel for the petitioner submits that one of the main ground is that petitioner is in custody since 29th September, 2020 and trial is not progressing.

[4] Learned counsel for the NCB submits that challan stands presented but charges are yet to be framed, the progress slowed down due to COVID restrictions.

[5] Learned senior counsel for the petitioner submits that she does not wish to press the present petition at this stage. However, she prays that as the prosecution witnesses are officials of NCB and mobile company, their deposition be conducted expeditiously. [6] Dismissed as not pressed.

[7] There is no doubt that NCB would also be interested in expeditious conclusion of trial. Considering the nature of prosecution witnesses, an earnest effort can be made for ensuring conclusion of prosecution evidence within reasonable time. There is no doubt that in case a request is made before the Court concerned for expeditious conclusion of prosecution evidence, the same would be considered in accordance with law.

[AVNEESH JHINGAN] JUDGE 8th March, 2022
 

1. Whether speaking/ reasoned :

Yes /No

2. Whether reportable :

Yes /No PANKAJ BAWEJA 2022.03.09 10:07 I attest to the accuracy and integrity of this document High Court, Chandigarh