Lovepreet Singh Alias Love v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 29.10.2024 Lovepreet Singh Alias Love ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Himanshu Chhabra, Advocate, for the petitioner. Mr. Japjot Singh, AAG, Punjab.

***** FIR NO.

DATE POLICE STATION OFFENCES 105 17.07.2024 Special Task Force, District STF Wing, SAS Nagar, Mohali 21 and 29 of NDPS Act (Section 27 NDPS Act added later on) GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR. 2.

As per the case of prosecution C.Gurmeet Singh and Navdeep Kaur were apprehended by the police while they were travelling in a car bearing registration No.CH-01-CB-6900 and from which 440 grams of 'Heroin' was recovered. It is further the case of prosecution that during the course of interrogation Navdeep Kaur disclosed that she

- 2 - had purchased 500 grams of 'Heroin' from Gagandeep Singh @ Gagan and out of the same she had sold 30 grams of 'Heroin' to petitioner-Lovepreet Singh who had approached her along with Gulshan Kaur.

3.

Learned counsel for the petitioner submits that he has been nominated as an accused on the basis of disclosure statement and that no recovery whatsoever was ever effected from him. It has been informed that as on date the petitoner has been behind bars for the last about 3 months and since conclusion of trial is likely to consume time, he deserves the concession of bail.

4.

Opposing the petition, learned State counsel submitted that since the petitioner has been named by the accused who was caught red-handed at the spot, his complicity is clearly evident. It has however, been informed that the petitioner as on date has been behind bars since the last about 3 months and stands involved in four other cases including 2 under NDPS Act. It has been informed that in the instant case challan is yet to be presented.

5.

This Court has considered rival submissions addressed before this Court.

6.

Admittedly no recovery whatsoever was ever effected from the petitioner who has been nominated on the basis of disclosure statement. The petitoner has been behind bars for the last about 3 months. Conclusion of trial is likely to consume time inasmuch as

- 3 - challan has not been presented till date. Under these circumstances further detention of the petitioner would not be justified. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

29.10.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No