The High Court granted regular bail to the petitioner under Section 439 CrPC in a non-commercial narcotics case under Section 21 NDS Act. The court accepted that the recovery was personal and non-commercial and that the investigation was complete without risking absconding.
Regular bail allowed to the satisfaction of CJM/Duty Magistrate, Patiala.
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 No.M-11084 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 11084 of 2013(O&M) Date of Decision: May 29, 2013.
Tarsem Lal
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. GBS Dhillon, Advocate, for the petitioner.
Mrs. Simsi Dhir Malhotra, DAG, Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.162 dated 26.06.2012, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at police station Rajpura city, District Patiala.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Judge, Special Court, Patiala dismissing bail application filed on behalf of the petitioner.
CRM No.M-11084 of 2013
2
It has been contended by learned counsel for petitioner-accused that alleged recovery effected from personal search of petitioner-accused is 155 grams of heroin. It is further contended that he has been continuing in custody since 26.06.2012 and that he is not involved in any other case. It is further contended that investigation already completed and challan filed and however, trial is not likely to be concluded in near future.
The factual position has not been disputed by learned counsel for the State. However, bail application has been opposed on the plea that at the same time recovery was also effected from co-accused, Vikas Kumar from his personal search, which was found to be 100 grams of heroin.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Petitioner is not involved in any other case. The alleged recovery is from his personal search, which is non-commercial. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Tarsem Lal is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Patiala.
( RAM CHAND GUPTA ) JUDGE
May 29, 2013. ‘om’
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a non-commercial narcotics case where investigation is complete.
Whether the alleged likelihood of the petitioner absconding or dissuading witnesses justifies rejecting the bail application.
2 provisions across 2 enactments
Tarsem Lal
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
