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High Court of Punjab and HaryanaCRM-M/40983/2020allowed

Buta Singh v. State Of Punjab

2020-12-14Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-40983 of 2020 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-40983 of 2020 Date of Decision: 14.12.2020 Buta Singh ......Petitioners

Versus

State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Vivek Salathia, Advocate for the petitioners. Mr. Sukhbir Singh, AAG, Punjab.

HARINDER SINGH SIDHU, J Prayer is for grant of regular bail in case FIR No.0136 dated 02.12.2018 under Section 22 of NDPS Act registered at P.S Bhindi Saidan, District Amritsar.

The allegations against the petitioner are that he was holding a black plastic bag in his hands. However, on seeing the police, he threw the said bag on the edge of the road. He was intercepted and the bag was searched. It was found carrying 1080 tablets with an average weight of 299 mg per tablet. The tablets were found to be containing salt 'Tramadol Hydrochloride' total weighing 322.92 grams.

Learned counsel for the petitioner submits that the petitioner was initially arrested on 02.12.2018. He was granted interim bail vide order dated 04.02.2019 on account of FSL report having not been received. After receipt of FSL report, the petitioner surrendered on 02.08.2019 and is in custody since then. It is contended that the trial is not making any headway due to Covid pandemic.

On the other hand, learned State counsel has opposed the prayer.

MANOJ KUMAR 2020.12.14 17:28 I attest to the accuracy and integrity of this document

CRM-M-40983 of 2020 #2# Without commenting anything on the merits of the case and also bearing in mind the custody period, in my opinion, no useful purpose will be served by detaining the petitioner behind bars any further. The petition, as such, is accepted. The petitioner Buta Singh is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. This present petition stands accepted accordingly. December 14, 2020 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2020.12.14 17:28 I attest to the accuracy and integrity of this document