Mohan Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-43238-2019 (O&M) Date of Decision:-27.1.2020 Mohan Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Laghuinder Singh Sekhon, Advocate for the petitioner. Mr. Saurav Khurana, Deputy Advocate General, Punjab. ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.125 dated 24.7.2019 at Police Station City Samana, District Patiala under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

The case of prosecution is that the petitioner alongwith Gurmeet Kaur @ Kaati was found in possession of 500 tablets of 'Alprazolam'. 3.

As per report of FSL, each of the tablet was found to be weighing an average of 140 mg. per tablet. The total weight of recovered 500 tablets of 'Alprazolam', thus, works out to 70 grams.

4.

Admittedly, the aforesaid recovery attributed to petitioner would fall within quantative limits of 'non commercial' quantity. Although another 340 tables are also alleged to have been recovered from another co-accused Kanto, who is residing in adjoining house, but it will certainly be debatable as to whether Pankaj Kakkar 2020.01.28 14:06 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-43238-2019 (O&M) the petitioner can be attributed conscious possession of said 340 tablets as well or not.

5.

Having regard to the facts and circumstances of the case and the fact that petitioner has been behind bars since the last about 6 months and challan already stands presented, further detention of the petitioner would not serve any useful purpose as the conclusion of trial is likely to take some time. 6.

The petition, as such, is accepted and it is ordered that the petitioner be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

27.1.2020 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2020.01.28 14:06 I attest to the accuracy and integrity of this document