The High Court
Case Details
CRM M-50232 50232-2024 (O&M) [1] 299 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CRM M RM M-50232-2024 (O&M) Date of Decision: 16.01.2025 Date of Decision: Gurbinder Singh @ Tony Gurbinder Singh @ Tony State of Punjab State of Punjab VERSUS ...Petitioner ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE , Advocate for the petitioner. Present : Mr.Amit Arora, Advocate for the petitioner. Present : Rohit Bansal, Sr. DAG, Punjab. Mr. Rohit Bansal, Sr. DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present 2nd petition filed under Section petition filed under Section 483 3 of been made for grant of regular bail to the BNSS, 2023, prayer has been made for grant of regular bail to the been made for grant of regular bail to the BNSS, 2023, under petitioner in case bearing FIR No.443 dated 12.10.2023 under petitioner in case bearing FIR No. petitioner in case bearing FIR No. Section 21-C of the NDPS Act, 1985 Section 21 (Section 22(C) of the NDPS Act C of the NDPS Act, 1985 (Section 22(C) of the NDPS Act converted lateron) registered at Police Station converted lateron) Goindwal Sahib, registered at Police Station Goindwal Sahib, District Tarn hereby the petitioner has been implicated with Tarn Taran, whereby the petitioner has been implicated with hereby the petitioner has been implicated with the allegation of recovery of 265 grams of the allegation of recovery of 2 grams of Tramadol salt. 2. Custody certificate has been filed in Court today ustody certificate has been filed in Court today. T . The same is taken on record. Registry to tag the same at appropriate same is taken on record. Registry to tag the same at appropriate same is taken on record. Registry to tag the same at appropriate same is taken on record. Registry to tag the same at appropriate place. 3. for the petitioner submits that the Learned counsel for the petitioner submits that the for the petitioner submits that the months; trial petitioner is in custody for the last about 01 year and 04 months; trial petitioner is in custody for the last about 01 year and 0 petitioner is in custody for the last about 01 year and 0 is likely to take some time to conclude and thus deserves the is likely to take some time to conclude and thus deserves the is likely to take some time to conclude and thus deserves the is likely to take some time to conclude and thus deserves the concession of bail. concession of bail. 4. he prayer made on behalf of the On the other hand, the prayer made on behalf of the he prayer made on behalf of the while petitioner has been opposed by learned State counsel while petitioner has been opposed by learned State counsel petitioner has been opposed by learned State counsel submitting that apart from the present case wherein the recovery is of submitting that apart from the present case wherein the recovery is of submitting that apart from the present case wherein the recovery is of submitting that apart from the present case wherein the recovery is of more cases commercial quantity, petitioner is also involved in two more cases commercial quantity, petitioner is also involved in commercial quantity, petitioner is also involved in SANJAY GUPTA 2025.01.16 18:49 I attest to the accuracy and authenticity of this document CRM M-50232 50232-2024 (O&M) [2] under NDPS Act. He further submits that trial is at the fag under NDPS Act end as out . He further submits that trial is at the fag end as out and thus of total 11 prosecution witnesses, 08 have been examined and thus of total 11 prosecution witnesses, 08 have been examined of total 11 prosecution witnesses, 08 have been examined the petitioner does not deserve the concession of bail. the petitioner does not deserve the concession of bail. the petitioner does not deserve the concession of bail. 5. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone de by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions ma through the paper book. I find substance in the submissions ma learned counsel for the petitioner. learned counsel for the petitioner. 6. In In In the present case, the present case, the present case, investigation already stands investigation already stands investigation already stands filing of challan, followed by framing of charges; filing of challan, followed by framing of charges concluded with the filing of challan, followed by framing of charges concluded with the out of 11 prosecution witnesses, 0 out of 1 and prosecution witnesses, 08 have been examined and recovery in the present case is marginally higher than the recovery in the present case i non- s marginally higher than the non . The petitioner is in custody for the last 01 year commercial quantity. The petitioner is in custody for the last 01 year . The petitioner is in custody for the last 01 year commercial quantity and 04 months. Undisputedly, petitioner is involved in more months. Undisputedly, petitioner is involved in two more in one he has been acquitted; whereas in cases under NDPS Act, but in one he has been acquitted; whereas in in one he has been acquitted; whereas in cases under NDPS Act, but the other he is on bail being non the other he is on ba commercial quantity, in such non-commercial quantity, in such the fact that the trial is likely to take some circumstances, considering the fact that the trial is likely to take some the fact that the trial is likely to take some circumstances, c justification to extend the incarceration of the time, I do not find any justification to extend the incarceration of the justification to extend the incarceration of the time, I do not find any petitioner. petitioner 7. merits Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is furnishing adequate bail ordered to be released on bail, subject to his furnishing adequate bail ordered to be released on bail, subject to ordered to be released on bail, subject to surety bonds to the satisfaction of the concerned Trial bonds/ surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. Court/Duty Magistrate. 8. s application(s), if any, shall also Pending miscellaneous application(s), if any, shall also s application(s), if any, shall also
Decision
stand disposed of. stand disposed of. .01.2025 16.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned? Whether speaking/reasoned? Whether Reportable? Yes/No Yes/No SANJAY GUPTA 2025.01.16 18:49 I attest to the accuracy and authenticity of this document