CRM-M No. 21123 of 2024 · Punjab And Haryana At Chandigarh High Court · 2024

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sandeep Arora, Advocate for the petitioner. Mr. Sandeep Arora, Advocate for the petitioner. Mr. Sandeep Arora, Advocate for the petitioner. Mr. Karunesh Kaushal, AAG, Punjab. Mr. Karunesh Kaushal, AAG, Punjab. Mr. Karunesh Kaushal, AAG, Punjab. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA ****

of present petition filed under Section 439 CrPC, By way of present petition filed under Section 439 CrPC, of present petition filed under Section 439 CrPC, By way prayer has been made for grant of regular bail in case FIR No. 12 dated prayer has been made for grant of regular bail in case FIR No. 12 prayer has been made for grant of regular bail in case FIR No. 12

06.02.2024 registered under Section 18 of NDPS Act at P.S. Khilchian, 06.02.2024 registered under Section 18 of NDPS Act at P.S. Khilchian, 06.02.2024 registered under Section 18 of NDPS Act at P.S. Khilchian, 06.02.2024 registered under Section 18 of NDPS Act at P.S. Khilchian, District Amritsar Rural wherein, the petitioner has been implicated with District Amritsar Rural wherein, the petitioner has been implicated with District Amritsar Rural wherein, the petitioner has been implicated with District Amritsar Rural wherein, the petitioner has been implicated with the alleged recovery of 400 grams of opium which was recovered from the alleged recovery of 400 grams of opium which was recovered from the alleged recovery of 400 grams of opium which was recovered from the alleged recovery of 400 grams of opium which was recovered from the petitioner, being wrapped in the right side pocket of the trouser of the petitioner, being wrapped in the petitioner, being wrapped in the right side pocket of the trouser of black polythene envelope. black polythene envelope.

The prayer made herein has been vehemently opposed at The prayer made herein has been vehemently opposed at The prayer made herein has been vehemently opposed at The prayer made herein has been vehemently opposed at the instance of learned State counsel while submitting that the petitioner the instance of learned State counsel while submitting that the petitioner the instance of learned State counsel while submitting that the petitioner the instance of learned State counsel while submitting that the petitioner was travelling in a car bearing registration No.PB was travelling in 8680, Make car bearing registration No.PB-02-CQ-8680, Make accused namely Charanjeet Singh Verna, White colour along with co-accused namely Charanjeet Singh accused namely Charanjeet Singh Verna, White colour along with co from whom 2 Kgs and 600 grams of 2 Kgs and 600 grams of opium was recovered in polythene opium was recovered in polythene nder his envelope being wrapped in yellow cloth, tied around his waist under his envelope being wrapped in yellow cloth, tied around his waist u envelope being wrapped in yellow cloth, tied around his waist u shirt and thus, in this way total 3 Kgs of opium shirt and thus, in was recovered, as such, opium was recovered, as such, the petitioner does not deserve the concession of regular bail. the petitioner does not deserve the concession of regular bail. the petitioner does not deserve the concession of regular bail. TEJWINDER SINGH 2024.05.23 10:53 I attest to the accuracy and integrity of this document CRM-M-21123-2024 -2-

I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.

In the present case, petitioner is behind the bars for a period of three months and he happens to be a young man of 36 years of age. Moreover, the petitioner is not involved in any other case besides, the recovery effected from his pocket being 400 grams is of non- commercial quantity, this Court does not find justification to extend his incarceration any further.

In view of the above, without commenting anything on the merits, lest it may prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate.

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

22.05.2024 Tejwinder Whether speaking/reasoned Whether Reportable (HARKESH MANUJA) JUDGE Yes/No Yes/No TEJWINDER SINGH 2024.05.23 10:53 I attest to the accuracy and integrity of this document