Single judge granted regular bail to the petitioner in a non-commercial narcotics case, observing that detention would serve no useful purpose given the long trial period.
Petitioner allowed regular bail and ordered to be enlarged on bail.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-2452-2018 ` Date of decision: 15.02.2018
Mehar Singh
…. Petitioner
V/s
State of Haryana
...Respondent(s)
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. N.S. Kamboj, Advocate, for the petitioner.
Mr. Chetan Sharma, AAG, Haryana.
Rajan Gupta, J. (Oral)
This is a petition filed under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner vide FIR No.0418 dated 03.08.2017 under Sections 21/61/85 of NDPS Act at Police Station Thanesar Sadar, District Kurukshetra.
Learned counsel contends that the recovery of heroin effected from the petitioner, is 10 Grams, which is non-commercial in nature. He is stated to be in custody since 03.08.2017.
Learned State counsel has opposed the prayer for bail. Heard.
Keeping in view the fact that the recovery effected from the petitioner is non-commercial in nature, period of his incarceration and the fact that the trial may take long time to conclude, no useful purpose would be served by detaining the petitioner during pendency of the trial. I deem it appropriate to grant regular bail to the petitioner. Accordingly, petition is
Sukhpreet Kaur 2018.02.15 16:25 I attest to the accuracy and integrity of this document
::2::
CRM-M-2452-2018
allowed and the petitioner is ordered to be enlarged on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Kurukshetra.
(RAJAN GUPTA) February 15, 2018 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Sukhpreet Kaur 2018.02.15 16:25 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether regular bail should be granted in a NDPS case involving non-commercial quantity of drugs.
2 provisions across 2 enactments
Mehar Singh
State of Haryana
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
