Petitioner sought pre-arrest bail in a drug possession case. Bail granted earlier was cancelled due to absconding. Court held no ground for bail exists as petitioner absented after Chemical Examiner report was received.
Petition for pre-arrest bail dismissed. Right to seek regular bail upon surrender not prejudiced.
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TAPINDER SINGH MANN 2016.07.29 17:13
1
Cr. Misc. M 12905 of 2016
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr. Misc. M 12905 of 2016 Date of decision: 28.7.2016
Amardeep Singh @ Sonu
Petitioner
vs.
State of Punjab
Respondent
Present: Mr. Vaibhav Narang, Advocate. Ms. Simsi Dhir, DAG Punjab
M.M.S.BEDI,J.
The petitioner seeks the concession of pre-arrest bail in a case of recovery of 1000 grams of intoxicating powder, which on analysis has been found to be Nitrazepam. The petitioner claims that he absented on 18.2.2016 on account of which his bail bonds have been cancelled,
With the assistance of State counsel and ASI Jaspal Singh, I have considered the facts and circumstances of the case. Recovery was made from the petitioner on 1.10.2014. Report of Chemical Examiner was received on 20.5.2015. The petitioner appears to have been granted the concession of interim bail prior to the receipt of report of Chemical Examine. Challan, in the present case, was presented on 18.6.2015 after receipt of report of Chemical Examiner. It is apparent that the petitioner absented on a date of hearing i.e. 18.2.2016 while on interim bail. The absence is apparently intentional as the report of the Chemical Examiner had been received on 20.5.2015 and made part of the challan, which appears to have been presented. The petitioner was required to surrender on receipt of the report of the Chemical Examiner.
Cr. Misc. M 12905 of 2016
2
In view of the above circumstances, it appears that the petitioner had absented while on interim bail despite the fact that report had been received indicating that he was in possession of the commercial quantity of the contraband. No ground for grant of pre-arrest bail is made out.
Dismissed. However, it is observed that in case of petitioner surrendering before the trial court, his right to seek the concession of regular bail, in accordance with law, will not be prejudiced.
July 28 ,2016 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether reportable Yes/ No
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail given his absence while on interim bail after the Chemical Examiner's report was received.
Whether the petitioner's absence constitutes a ground for refusing bail when possession of commercial quantity of narcotics was established.
Amardeep Singh @ Sonu
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
