Harjeet Singh @ Jeetu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No. 51091 of 2022 Date of decision: March 14, 2023 Harjeet Singh @ Jeetu

...Petitioner(s)

VERSUS

State of Punjab

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

Present:

Mr. Gurinder Singh Hayer, Advocate for the petitioner.

Mr. Jaiteshwar S. Bhandari, AAG, Punjab.

***** GURBIR SINGH , J. (ORAL) Prayer in this petition is for regular bail under Section 439 of the Cr.P.C. in case FIR No.46 dated 24.03.2021 registered at Police Station Kabarwala, Sri Muktsar Sahib, District Sri Muktsar Sahib under Section 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985. As per the prosecution version 1800 intoxicating tablets containing salt Tramadol Hydrochloride were recovered from the Polythene 'Jhola' which was thrown by the petitioner.

Learned counsel for the petitioner has submitted that petitioner is in custody since 28.03.2021. He has undergone almost two years of imprisonment. Completion of trial will take long time. It is impossible that person would carry contraband in a plastic bag and threw the same on seeing the police party, raising suspicion.

In support of his contention, the petitioner has relied upon order dated 22.08.2022 passed by the Hon'ble Supreme Court passed in Special Leave to Appeal (Crl.) No.5530 of 2022; Mohammad Salman Hanif Shaikh Vs. The State of Gujarat. He has also KUSUM 2023.03.14 15:40 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

CRM-M No. 51091 of 2022 -2relied upon judgment dated 28.09.2022 passed by Coordinate Bench of this Court in CRM-M-2765 of 2022; Ravinderjit Singh @ Ravi Vs. State of Punjab and judgment dated 24.08.2022 passed in CRM-M-17650 of 2020; Himanshu Verma Vs. State of Haryana.

Learned State counsel has opposed the present petition. He has fairly conceded that petitioner is in custody since 28.03.2021. Heard.

As per the version of the prosecution, 1800 tablets salt Tramadol Hydrochloride were recovered from possession of the petitioner which is of commercial quantity. The petitioner has been in custody for almost last two years. The completion of trial will take long time. In case Mohammad Salman Hanif Shaikh's case (supra) the petitioner who was arrested in such like case was released on bail only keeping in view the custody period spent by him. It is not the case of prosecution that petitioner would abscond or flee from justice if released on bail. So, the petition is allowed and petitioner is directed to be released on bail subject to furnishing of bail/surety bonds to the satisfaction of the trial Court/Duty Judge concerned. (GURBIR SINGH) JUDGE March 14, 2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No KUSUM 2023.03.14 15:40 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD