Satwinderjit Singh @ Goga Dass v. State Of Punjab

2023:PHHC:099406 CRM-M-45638-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45638-2022 Date of Decision: 02.08.2023 Satwinderjit Singh @ Goga Dass ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Amit Puri, Advocate, for the petitioner.

Mr. G.S.Sandhu, DAG, Punjab, for the respondent.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.115 dated 22.09.2021 registered under Section 22(c), 29, 27 and 61 of the Narcotics Drugs and Psychotropic Substances Act, 1985, at Police Station Mulepur, District Fatehgarh Sahib.

Status report by way of affidavit of Sukhbir Singh, PPS, Deputy Superintendent of Police, Sub Division Fatehgarh Sahib, District Fatehgarh Sahib, filed on behalf of the respondent-State in Court today, is taken on record.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. Just to show the connection of the petitioner to the alleged crime, the police have fabricated the alleged recovery of 980 tablets of Tramadol from the petitioner. The petitioner is in VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:099406 CRM-M-45638-2022 -2custody since 22.09.2021. There is no other case against the petitioner. Challan has already been presented, therefore, the petitioner is not required for any investigation purposes. Learned counsel has also relied upon a judgment rendered by Hon'ble the Supreme Court in SLP(Crl.) No.3221 of 2023 titled as 'Hasanujjaman and others Vs. The State of West Bengal' decided on 04.05.2023, wherein the Supreme Court has granted bail to an accused on the ground that he had undergone one year and four months of custody.

On the other hand, learned counsel for the State, on instructions from ASI Prithvi Singh, has submitted that there is a huge recovery of contraband from the petitioner. The petitioner is directly involved in a heinous crime of drugs peddling. However, it is not disputed that the petitioner is not having any other case against him and that the petitioner is in custody since 22.09.2021.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 02.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.04 10:40 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh