The High Court granted regular bail to the petitioner in an NDPS case. Relying on the completed investigation and non-commercial quantity of drugs, the Court ordered release without adjudicating the merits of the specific recovery quantity.
Petitioner released on regular bail to the satisfaction of the C.J.M./Illaqa Magistrate, Amritsar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M No.26208 of 2011(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.26208 of 2011 (O&M) Date of decision : 04.10.2011
Sikandar Singh
...... Petitioner
v.
State of Punjab
...... Respondent
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
*******
Present : Mr. Vikram Chaudhri, Advocate for the petitioner.
Mr. S.S. Chandumajra, D.A.G., Punjab.
AJAY TEWARI, J. (Oral)
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.15 dated 31.05.2011 registered under Sections 18, 25, 29, 61 and 85 of the NDPS Act at Police Station S.S.O.C., Amritsar.
Learned counsel for the petitioner has argued that the alleged recovery is of non-commercial quantity and the petitioner has now been in custody since 31.05.2011 and that no other case is pending against him.
On instructions from Head Constable Rajesh learned Deputy Advocate General has accepted these factual assertions.
Learned trial Court dismissed the bail application of the
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CRM-M No.26208 of 2011(O&M)
petitioner on 25.08.2011 on the ground that even though the recovery was not of commercial quantity yet it was quite nearer to the commercial quantity.
Be that as it may, even thereafter a period of five weeks has elapsed. As per the learned Deputy Advocate General the investigation is also complete.
In the circumstances, without going into the merits of the case, I deem it appropriate to release the petitioner on regular bail to the satisfaction of the C.J.M./Illaqa Magistrate, Amritsar.
Ordered accordingly.
Petition stands disposed of.
( AJAY TEWARI ) October 04, 2011 JUDGE
ashish
3 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in a narcotic drugs case involving non-commercial quantity recovery.
Whether the discretion of the High Court can be exercised to release the petitioner on regular bail despite the trial court's dismissal.
Whether the completion of investigation warrants the grant of bail when the period of custody is several weeks.
6 provisions across 2 enactments
Sikandar Singh
State of Punjab
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
