High Court of Punjab and HaryanaCRM-M/42564/2020disposed of

Rajan Alias Gurmeet v. State Of Haryana

2021-06-28Mr. Justice Avneesh Jhingan2 pages

CRM-M-42564-2020 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CRM-M-42564-2020 Date of Decision: 28.06.2021.

Rajan @ Gurmeet Petitioner

Versus

State of Haryana Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. A.G. Khan, Advocate for the petitioner.

Mr. Deepak Bhardwaj, Deputy Advocate General, Haryana. **** AVNEESH JHINGAN, J (Oral):

The matter is taken up for hearing through video conference due to COVID-19 situation.

This petition is filed seeking regular bail in FIR No. 278, dated 4th October, 2020, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ['NDPS Act'], registered at Police Station Parao, Ambala, District Ambala.

The police acted on an information received and on 4th October, 2020, recovered 536 capsules of SPASMO-PROXYVON PLUS from Rajan @ Gurmeet (petitioner).

The present petition is moved on the ground that petitioner is in custody since 4th October, 2020, the challan stands presented and the investigation is complete.

During pendency of petition, learned counsel for the petitioner relied upon the decision of Division Bench of this Court in 'Inderjeet Singh Laddi v. State of Punjab (2014) 3 R.C.R. (Criminal) 953' . On 16th February, 2021, after noting the fact that petitioner is not PANKAJ BAWEJA 2021.06.28 13:42 I attest to the accuracy and integrity of this document HIGH COURT, CHANDIGARH

CRM-M-42564-2020 -2involved in any other case under NDPS Act and F.S.L. Report is not received, this Court granted the interim bail. Learned State counsel, on instructions submits that the challan was presented without FSL report.

Learned counsel for the petitioner contends that application seeking default bail relying upon decision of this Court would be moved, however, till then interim bail be extended. Let petitioner within 7 days from today move the application for bail on ground of filing of challan without FSL report. In case such application is moved, same would be taken up within 2 days of its filing and decided thereafter expeditiously. The interim bail granted by this Court is extended till the application for bail is taken up for hearing. The petition is disposed of.

[AVNEESH JHINGAN] JUDGE 28th June, 2021

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PANKAJ BAWEJA 2021.06.28 13:42 I attest to the accuracy and integrity of this document HIGH COURT, CHANDIGARH