High Court granted regular bail to the petitioner in a Narcotic Drugs and Psychotropic Substances Act case involving commercial quantity of heroin, noting that a similarly situated co-accous had been released on bail by the same Court earlier.
Petitioner released on bail to the satisfaction of the concerned CJM/Duty Magistrate.
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-13262-2020 in/and CRM-M-9778-2020
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-13262-2020 in/and CRM-M-9778-2020 Date of Decision:June 16, 2020
Gurbax Singh @ Bakshi
.....Petitioner
Versus
State of Punjab
......Respondent
CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR
Present: Mr.Gagandeep Singh Bajwa, Advocate for the petitioner.
Mr.H.S.Grewal, Addl.AG, Punjab.
NIRMALJIT KAUR, J. (ORAL)
CRM-13262-2020
For the reasons mentioned in the application for pre-ponment, the same is allowed. Case is taken up today on Board. CRM-M-9778-2020
The present petition is filed under Section 439 CR.P.C. seeking regular bail to the petitioner in case FIR No.53 dated 29.03.2019, under Sections 21,25, 27 and 29 of NDPS Act 61 of 1985, registered at Police Station Gharinda, District Amritsar.
Issue notice of motion.
Mr.H.S.Grewal, Addl.A.G., Punjab, accepts notice on behalf of
the State.
Heard.
MEENU 2020.06.16 13:51 I attest to the accuracy and authenticity of this document chandigarh
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CRM-13262-2020 in/and CRM-M-9778-2020
Learned State counsel while opposing the bail submitted that recovery in the present case was 275 grams of heroin, which is commercial quantity. However, it is not disputed that co-accused of the petitioner, who is similarly situated, has since been released on bail by this Court vide order dated 25.02.2020 passed in CRM-M-45239-2019. There is nothing to distinguish the case of the present petitioner with the co-accused.
In view of the above, the petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the concerned CJM/Duty Magistrate.
June 16, 2020 ( NIRMALJIT KAUR ) meenuss JUDGE
1. Whether speaking/reasoned ? Yes/No 2. Whether reportable ? Yes/No
MEENU 2020.06.16 13:51 I attest to the accuracy and authenticity of this document chandigarh
2 issues framed by the court
Whether bail should be granted to the petitioner in a case involving commercial quantity of heroin, considering a similarly situated co-accused has already been released on bail by this Court.
Whether the bail application ought to be allowed.
2 provisions across 2 enactments
Gurbax Singh @ Bakshi
State of Punjab
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
