Happy Singh v. State Of Punjab

E HIGH COURT OF PUNJ JAB AND HARYANA ARH CRM-M-51629-2024 Decision: October 25, 2024 IN THE AT CHANDIGA Date of D ........Petitioner HAPPY SING STATE OF PU CORAM: HO

Present:

M Mr

Versus

UNJAB ........Respondent ON'BLE MR. JUSTICE HARK KESH MANUJA Mr. Chahat Goyal, Advocate fo or the petitioner.

r. Siddharth Sandhu, AAG, Pu unjab.

**** ANUJA, J. (ORAL) HARKESH MA 1.

By y way of present petition filed under Section 483 read with h Section 528 o of BNSS, 2023, prayer has been made for extension of f regular bail g granted to the petitioner vi de order dated 02.04.2024 passed by thi is Court in case FIR No. 9 dated 11.02.2024 registered d under Section n 22 of NDPS Act, P.S.

Longowal, District Sangrur r wherein, the p petitioner was implicated on the allegation of recovery of f 100 loose tabl lets of white colour, average weight 382 mg/tablet 2.

Th he prayer made herein has b een opposed at the instance e of learned Sta ate counsel while referring to the recovery involved in the e present case.

3.

I h have heard learned counse el for the parties and gone e through the pa aper book.

4.

In the present case, the pet titioner was initially granted d benefit of bail l vide order dated 02.04.202 4, awaiting FSL report. Now w the report ha as been received and the e same forms part of the e supplementary y challan dated 05.09.2024 a nd as per the same, the 100 TEJWINDER SINGH 2024.10.25 18:31 I attest to the accuracy and integrity of this document

CRM-M-51629-2024 -2loose tablets of white colour, average weight 382 mg/tablet (38.2 grams in total) were recovered from the petitioner. As per the FSL report, the recovered tablets were found to be containing salt Tramadol Hydrochloride.

6.

Considering the fact that the recovery in the present case is of 38.2 grams in total which falls under the category of non-commercial quantity and the investigation already stands concluded with the filing of challan whereas the trial is likely to take some time and petitioner remained in custody for about 2 months; he is not involved in any other case, this Court does not find any justification to send him back in custody.

5.

In such circumstances, the order of regular bail passed by this Court vide order dated 02.04.2024 is made absolute subject to his furnishing fresh bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate.

7.

Nothing construed herein shall be treated as an expression of opinion on the merits of the case.

25.10.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2024.10.25 18:31 I attest to the accuracy and integrity of this document