Single judge allowed regular bail to the petitioner in an NDPS case. He relied on a coordinate bench decision. The court ordered release while charges were yet to be framed, citing the delay and pandemic.
Petitioner released on bail by furnishing bail/surety bonds to the satisfaction of the trial Court.
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 No. 14695 of 2020 (O&M)
-1-
In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 14695 of 2020 (O&M) Date of Decision: 17.9.2020
Paramjit Singh @ Pamma
......Petitioner
Versus
State of Punjab
......Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. P.S.Sekhon, Advocate for the petitioner.
Mr. Mehardeep Singh Dullat, Addl. A.G, Punjab.
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
CRM-12980-2020
This is an application for grant of exemption from filing the
Court fee and process fee.
Learned counsel for the petitioner is directed to deposit the Court fee online forthwith.
The application stands disposed of.
CRM-M-14695-2020
The petitioner seeks regular bail in FIR No. 226 dated 28.11.2019 under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Patiala, District Patiala.
Learned counsel for the petitioner submits that on the basis of GURPREET SINGH 2020.09.17 16:59I attest to the accuracy andsecret information, recovery of 990 tablets of Clovidal 100 SR has been integrity of this document Chadigarh
CRM-M No. 14695 of 2020 (O&M) -2-
allegedly effected from the petitioner and he has has been in custody since 28.11.2019. He further submits that as per the allegations, the petitioner was on his motor cycle and when the alleged recovery was effected, the contraband was tied with the handle of the motor-cycle.
Learned State counsel, on instructions from Baldev Singh, submits that the recovery effected from the petitioner falls under the commercial quantity. He further submits that challan has been presented in the Court and charges are yet to be framed.
I have heard the learned counsel for the petitioner and the learned State counsel.
In a similar case, the Co-ordinate Bench of this Court in CRMM-10856-2020 titled Navpreet Singh versus Stage of Punjab, decided on 27.8.2020, has granted regular bail to the petitioner. In the present case, the petitioner has been in custody since 28.11.2019. Moreover, challan has been presented but the charges are yet to be framed. The trial will take time to conclude because of COVID-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.
Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.
(HARNARESH SINGH GILL) JUDGE
September 17, 2020 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2020.09.17 16:59 I attest to the accuracy and integrity of this document Chadigarh
2 issues framed by the court
Whether the petitioner should be granted regular bail despite the commercial quantity allegations.
Whether the delay in framing charges and the ongoing COVID-19 pandemic warrant bail.
Colour shows how this judgement treated each authority
Navpreet Singh versus Stage of PunjabFollowed¶28
CRMM-10856-2020 titled Navpreet Singh versus Stage of Punjab
Paramjit Singh @ Pamma
State of Punjab
Harnaresh Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
