Suraj Kumar Alias Aanda v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-60938-2024 (O&M) Date of Decision:-10.12.2024 Suraj Kumar @ Aanda ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep K. Bansal, Advocate, for the petitioner. Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab.

***** FIR No.

Dated Police Station Under Section/s 9.10.2024 Tapa Mandi, District Barnala 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, wherein offences under Section 29 of NDPS Act and Section 223 of BNS were added later on GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

As per the case of prosecution, on 9.10.2024 a secret information was received by the police to the effect that Suraj Kumar indulges in sale of intoxicating tablets and that even on the given day he has brought the same from some other State and was present in the area of Grain Market, Tapa. It is further the case of prosecution that pursuant to receipt of said information, the police was able to nab the aforesaid Suraj Kumar, who was found in Pankaj Kakkar 2024.12.11 17:14 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

CRM-M-60938-2024 (O&M) ( 2 ) possession of 30 loose intoxicant tablets and 8 strips of 'Signore' (Pragabalin Capsules IP) (containing 15 capsules per strip) total 120 capsules. 3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that even if all the allegations are taken to be correct, the recovered contraband would fall in the category of 'noncommercial' quantity and since the petitioner has a clean record, he deserves to be released on bail.

4.

Opposing the petition, learned State counsel submitted that having regard to the fact that the petitioner was caught red-handed while in possession of contraband, no case for grant of bail is made out. It has, however, been informed that the petitioner has a clean record and that challan already stands presented.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case but bearing in mind the fact that it is a case of recovery of 'non-commercial' quantity of contraband, wherein investigation is complete and challan has been presented and also that the petitioner is not stated to be involved in any other case, the instant petition 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. 10.12.2024 ( Gurvinder Singh Gill ) Geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.12.11 17:14 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh