Allowed

Manoj Sharma @ Mannu v. State of Punjab

Punjab & Haryana HC13 Dec 2012CRM-M/24723/2012

Case brief

AI extract

What is this about?

The High Court allowed a bail petition filed by Manoj Sharma @ Mannu, convicted under the NDPS Act. The court held that the collected evidence was insufficient to connect the petitioner to the crime and that the investigation agency no longer required him, ordering his release on bail.

What did the court decide?

Petitioner ordered to be released on bail during the pendency of trial on furnishing bail bonds to the learned trial court.

Manoj Sharma @ Mannu Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2012)

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Criminal Misc. No.M-24723 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No.M-24723 of 2012 Date of Decision: 13^th December, 2012

Manoj Sharma @ Mannu

...Petitioner

versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr.A.S.Bhatti, Advocate, for the petitioner. Ms.Harsimrat Rai, Deputy Advocate General, Punjab. Naresh Kumar Sanghi, J.

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Prayer in this petition is for grant of bail to petitionerManoj Sharma @ Mannu who has been booked for having committed the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in a case arising out of FIR No.2 dated 03.01.2012 registered at Police Station, Sahnewal, Ludhiana.

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According to prosecution version, on 03.01.2012 a secret information was received that two persons including the petitioner would be carrying the narcotic drugs and if the check post was laid then they could be apprehended. The police laid the check post and on seeing the police party, the petitioner left the motor-cycle at the spot and ran away. Jatinder Kumar, the coaccused of the petitioner, was arrested from the spot along with 09 bottles of Rescof containing 100 ml each, 50 strips of Phenotil each containing 10 tablets, 200 capsules of Perensps. The petitioner was arrested on 10.02.2012.

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Learned counsel contends that there is not an iota of legal evidence connecting the petitioner with the alleged crime.

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Criminal Misc. No.M-24723 of 2012

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He also submits that the petitioner is behind the bars from 10.02.2012 and no more required by the Investigating Agency, therefore, his further incarceration is not worth.

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Learned counsel for the State, on instructions from ASI Chamkor Singh, Police Station, Sahnewal, Ludhiana, submits that the following material was collected against the petitioner to connect him with the alleged crime:-

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The secret information.

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The statement of the owner of the motor-cycle to the effect that the petitioner had taken away the motor-cycle in his absence.

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The disclosure statement of Jatinder Kumar, coaccused of the petitioner, who was arrested from the spot.

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Heard.

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The petitioner is behind the bars from 10.02.2012. After investigation, the charge-sheet (report under Section 173, Cr.P.C) has already been submitted. The petitioner is no more required by the Investigating Agency.

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Keeping in view the nature of evidence collected against the petitioner to connect him with the alleged crime, the present petition is allowed. Petitioner-Manoj Sharma @ Mannu, s/o Lt. Sh.Ved Parkash, r/o Ward No.3, Batiariyan Da Mohalla, Near Sarhandi Gate, Payal, District Ludhiana, is ordered to be released on bail, during the pendency of trial, subject to his furnishing bail bonds to the satisfaction of learned trial court at Ludhiana.

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December 13, 2012 seema

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(NARESH KUMAR SANGHI) JUDGE

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Criminal Misc. No.M-24723 of 2012 ..3..

Manoj Sharma @ Mannu v. State of Punjab

Case brief

What is this about?

What did the court decide?

Manoj Sharma @ Mannu v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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