The High Court of Punjab and Haryana granted regular bail to the petitioner, Ajay, charged with a medium quantity of ganja under the NDPS Act, subject to standard bail conditions and terms regarding absence and travel abroad.
Petitioner to be released on regular bail upon furnishing bail bond and surety bond subject to specified conditions.
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-1690 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-1690 of 2017
Date of Decision: 17.02.2017
Ajay ....Petitioner
VERSUS
State of Haryana ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Johan Kumar, Advocate for the petitioner.
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.384 dated 27.08.2016 registered for the offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Bhupani, District Faridabad.
Heard.
Notice of motion.
On asking of the court, Ms. Harpreet Kaur, AAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.
As per case of prosecution, the petitioner was apprehended on 27.08.2016 and recovery of 1.180 kgs. of ganja was effected from him, which falls within the category of medium quantity of contraband.
Challan against the petitioner has since been presented and trial
is still in progress.
Jitender Kumar 2017.02.18 11:59 I attest to the accuracy and integrity of this document CHANDIGARH
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CRM-M-1690 of 2017
In view of above facts but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Ajay is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the Court.
February 17, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
Jitender Kumar 2017.02.18 11:59 I attest to the accuracy and integrity of this document CHANDIGARH
1 issue framed by the court
Whether to grant regular bail to the petitioner charged under Section 20 of NDPS Act, 1985.
2 provisions across 1 enactments
Ajay
State of Haryana
SURINDER GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
