High Court of Punjab and HaryanaCRM-M/50230/2022disposed of

Vinay Kumar Alias Vinay v. State Of Punjab

2022-11-23Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.50230 of 2022 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.50230 of 2022 (O&M) Decided on: 23.11.2022 Vinay Kumar @ Vinay ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Amit Arora, Advocate for the petitioner.

Mr. Shubham Kaushik, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.0112 dated 30.07.2022, for offence punishable under Sections 22(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station Jhabal, District Tarn Taran.

Counsel for the petitioner has submitted that the petitioner is in judicial custody since 30.07.2022 and his bail application was dismissed by the Additional Sessions Judge, Tarn Taran vide order dated 09.09.2022.

Counsel for the petitioner has relied upon Inderjeet Singh @ Laddi and others vs State of Punjab, 2014 (3) RCR (Criminal) 953, to contend that till the report of the FSL is received, the petitioner be released on interim bail. Counsel for the petitioner has further submitted that the petitioner is not involved in any other case and till MOHD YAKUB 2022.11.23 16:31 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.

CRM-M No.50230 of 2022 (O&M) date, the report of the FSL/Chemical Examiner has not been received. Counsel for the State, on instructions from ASI Kewal Singh, has not disputed the factual position but opposed the prayer for bail.

In view of the judgment of this Court in Inderjeet Singh @ Laddi's case (supra), wherein it has been held that awaiting the report of Chemical Examiner/FSL, the sentence of the petitioner can be suspended till receiving of such report.

Accordingly, this petition is allowed and the petitioner is directed to be released on interim bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, till receiving of the FSL report. The petitioner shall submit an undertaking before the trial Court/Illaqa Magistrate/Duty Magistrate along with his bail/surety bonds that he will surrender before the trial Court on receiving the FSL report.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 23.11.2022 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2022.11.23 16:31 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.