Bunty Singh v. State Of Punjab

211-A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51559 of 2019 (O & M) DATE OF DECISION : 30.09.2020 Bunty Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Manpreet Kaur Ghuman, Advocate, for the petitioner.

Mr. Prabhjot Singh Walia, AAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) This is a petition for grant of regular bail in FIR No.334 dated 28.08.2019 under Sections 21, 22, 25, 29 of NDPS Act and Section 25 of Arms Act, registered at Police Station City Barnala. 2.

Per FIR, 300 tablets of Alpasafe were recovered from a car without any permit or license.

3.

Learned counsel for the petitioner contends that petitioner has been falsely implicated. Nothing was recovered from him. His name appeared for the first time during the disclosure statement of co-accused Gobind Singh. She further submits that quantity recovered is non-commercial in nature. Investigation in the case is already over. Challan has been presented. Yet, the petitioner is in preventive custody since 03.09.2019. SONU 2020.09.30 15:55 I attest to the accuracy and integrity of this document

4.

On the other hand, learned State counsel opposes the bail petition on the ground that it is a huge racket running in the region, as total 11 persons were arrested in the case. 1,00,000 tablets were recovered in all. However, he does not controvert that the quantity recovered is non-commercial in nature in present case and challan has been presented.

5.

Having heard learned counsel for the petitioner, as well as learned State counsel, this Court is of the view that no useful purpose would be served by keeping the petitioner behind the bars since investigation is over. Challan has already been filed. The petitioner is stated to be in custody since 03.09.2019. The trial is not likely to commence or conclude any time soon on account of current pandemic conditions.

6.

In the premise, the instant petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Illaqa Magistrate/ Duty Magistrate. SEPTEMBER 30, 2020 (ARUN MONGA) shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.30 15:55 I attest to the accuracy and integrity of this document