State of Punjab v. Imran Rafooqi
Case at a glance
Outcome
Allowed
Therefore, the present petition is allowed
Provisions considered
Key paragraphs
- Para 44. Be that as it may, considering the fact that the petitioner suffered incarceration about eight months as on date and the recovery effected is falling within the ambit of non-commercial quantity, therefore, in view of the above facts and circumstances recorded above, this Court…
Judgment
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Imran Rafooqi, Advocate for the petitioner. Mr. Sahil K. Bakshi, AAG, Punjab. **** KULDEEP TIWARI, J. (ORAL)
Through the instant petition filed under Section 439 Cr.P.C. the petitioner prays for grant of regular bail in case FIR No.44 dated
12.07.2020, Under Section 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Maloud, District Khanna, Punjab.
Learned counsel for the petitioner submits that earlier the petitioner was granted the relief of regular bail by the trial Court vide order dated 06.08.2020 (Annexure P-2). However, thereafter he failed to cause appearance before the learned trial Court concerned, which led the trial Court to declare the petitioner as a proclaimed offender, on dated
21.12.2023. Thereafter, he was arrested in the instant matter on dated
19.01.2024, and till date he is behind bar. He further submits that only a recovery of 15 Kg. of poppy husk was affected from the present petitioner, which falls within the ambit of non-commercial quantity. Finally, it is SATYAWAN 2024.08.30 13:58 I attest to the accuracy and integrity of this document CRM-M-13120-2024 (O&M) 2 submitted that the petitioner has suffered incarceration about 08 months as on date.
Learned State counsel opposed the grant of regular bail to the petitioner, and submits that the petitioner was earlier declared as a proclaimed offender. He further submits that he is involved in one other case, although in which he has drawn acquittal. He informs this Court that out of total 12 prosecution witnesses cited in final report, four witnesses have been examined, four witnesses have been given up, and one witness has died, and now only three witnesses remained to be examined.
Operative part
Be that as it may, considering the fact that the petitioner suffered incarceration about eight months as on date and the recovery effected is falling within the ambit of non-commercial quantity, therefore, in view of the above facts and circumstances recorded above, this Court deems it fit and appropriate to extend the benefit of regular bail to the petitioner. Therefore, the present petition is allowed.
The petitioner is ordered to be released on bail on furnishing of bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.
However, anything observed here-in-above shall have no effect on the merits of the case and is meant for deciding the present petition only.
29.08.2024 Satyawan (KULDEEP TIWARI) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SATYAWAN 2024.08.30 13:58 I attest to the accuracy and integrity of this document
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, the present petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 15, 61.
Which court decided this case, and when?
Punjab & Haryana High Court, on 29 Aug 2024. The bench was KULDEEP TIWARI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.