The High Court of Punjab and Haryana allowed the petitioner's application for regular bail in an NDPS case, noting the trial would consume time, without expressing an opinion on the merits of the charges.
The petitioner is ordered to be released on regular bail subject to furnishing requisite bail bonds/surety bonds.
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-51242-2018 (O & M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
220
CRM-M-51242-2018 (O & M) Date of Decision:09.05.2019
Bunty ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ
Present: Mr. Sandeep Arora, Advocate for the petitioner.
Mr. Kirat Singh Sidhu, DAG, Punjab.
MANOJ BAJAJ, J.
Petitioner-Bunty has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.170 dated 19.08.2018, under Section 22 of the NDPS Act, registered at Police Station Adampur, District Jalandhar.
The prosecution case is that the petitioner along with his coaccused were nabbed by the police party near Canal Rest House, Adampur, while they were coming on a black colour motorcycle make Hero Splendor bearing registration No.PB-08-BV-2785. On their search, a ploythene bag tied at the handle of the motorcycle, containing 58 injections make Rexogic 2 ml each was recovered. A plastic bottle of two litre having one litre intoxicant liquid like water was also recovered from carry bag lying in
Sheetal Gawri 2019.05.14 11:40 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-51242-2018 (O & M) -2-
between the thighs of the petitioner. The petitioner was the pillion rider of the motorcycle.
Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the instant case. He further contends that mandatory provision of Section 50 regarding search and seizure has not been complied with. He also contends that there were 2 accused and two different contraband were recovered from each of the accused. It is also contended that from the petitioner one litre colourless liquid material was recovered, which does not fall within the ambit of narcotic substance. The petitioner is in custody since 19.08.2018.
On the other hand, learned State counsel has opposed the bail application by placing on record the FSL report dated 09.10.2018. It is mentioned therein that the article received is one unlabelled plastic bottle containing one litre colourless liquid material and the average quantity of ingredient present in the parcel is 22.48 mg/ml of pheniramine maleate. He further contends that there were two accused and recovery from one of them is punishable under the NDPS Act. However, it is not disputed that the liquid recovered from the petitioner does not fall within the narcotic substance. According to him, charges have been framed and 3 PWs have been examined.
Considering the case set up by the prosecution, and the fact that the trial is likely to consume some more time to conclude, further detention of the petitioner may not be justified. Therefore, without meaning any expression on the merits of the case, the petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing
Sheetal Gawri 2019.05.14 11:40 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-51242-2018 (O & M)
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requisite bail bonds/surety bonds to the satisfaction of the trial Court concerned.
The petition is allowed.
| 09.05.2019 | (MANOJ BAJAJ) | |
|---|---|---|
| sheetal | JUDGE | |
| Whether Speaking/Reasoned: | Yes/No | |
| Whether Reportable : |
Yes/No |
Sheetal Gawri 2019.05.14 11:40 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether regular bail should be granted to the arrested accused under Section 439 CrPC.
Whether non-compliance with Section 50 CrPC regarding seizure and search vitiates the proceedings.
3 provisions across 2 enactments
Bunty
State of Punjab
Manoj Bajaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
