High Court of Punjab and HaryanaCRM-M/48674/2019dismissed

Tarsem Singh Alias Sema v. State Of Punjab

2020-09-24Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-48674-2019 (O&M) Date of decision: September 24, 2020 Tarsem Singh @ Sema ....Petitioner

Versus

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

Present:

Mr. A.S. Virk, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

(through video conferencing) ARVIND SINGH SANGWAN, J.

CRM-23621-2020 For the reasons stated in the application, the same is allowed and the hearing of the case is pre-poned to today. CRM-M-48674-2019 This is the second petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.92 dated 1.7.2018 under Section 22 of the NDPS Act, 1985 registered at Police Station Bhikhiwind, District Tarn Taran, the earlier one was dismissed as withdrawn on 22.8.2019. Counsel for the petitioner submits that as per the allegations in the FIR, the police party headed by ASI Puran Singh apprehended the petitioner on suspicion and after giving notice under Section 50 of the NDPS Act, recovered 900 intoxicants tablets, which were found to be a narcotic of SATISH KUMAR 2020.09.24 16:06 I attest to the accuracy and integrity of this document

CRM-M-48674-2019 (O&M) -2commercial quantity. Counsel for the petitioner further submits that the petitioner is in custody for the last 01 year and 09 months and since the trial is not proceeding, the petitioner be granted the concession of regular bail.

In reply, the learned State counsel has filed the custody certificate of the petitioner and according to which the petitioner is in custody for the last 01 year and 09 months. However, a perusal of the reply further show that the petitioner is involved in two more FIRs under the NDPS Act, i.e. FIR No.288 dated 23.12.2017 under Section 22/61 of NDPS Act, registered at Police Station Bhikiwind, Tarn Taran and FIR No.179 dated 11.6.2015 under Section 21/61 of the NDPS Act, registered at Police Station Patti, District Tarn Taran. Though the petitioner is on bail in the said FIRs, however, during the pendency of the said trial, the petitioner has again committed the offence for which the present FIR has been registered.

After hearing counsel for the parties and considering the fact that the petitioner, on previous occasion is already facing two trials under the NDPS Act and the recoveries are of commercial quantity, therefore, no ground is made our for grant of regular bail to the petitioner.

Accordingly, the petition stands dismissed.

( ARVIND SINGH SANGWAN ) September 24, 2020 JUDGE satish Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SATISH KUMAR 2020.09.24 16:06 I attest to the accuracy and integrity of this document