Bench granted regular bail to Manoj Kumar, a long-term detainee accused of narcotics offences, ruling that extended incarceration served no useful purpose pending trial conclusion.
Petitioner released on regular bail upon furnishing 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.
In the High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-13908-2021 (O&M) Date of Decision:-9.11.2021
Manoj Kumar @ Bittu … Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. G.S. Sidhu, Advocate for the petitioner.
Mr. Rajiv Sidhu, DAG, Haryana, assisted by SI Raj Kumar.
GURVINDER SINGH GILL, J .(Oral)
CRM-37622-2021
In view of the reasons mentioned in the application, the same is allowed and the documents annexed with the application are taken on record as Annexures P-7 to P-9.
CRM-M-13908-2021
PANKAJ KAKKAR 2021.11.09 15:22 I attest to the accuracy and integrity of this document
( 2 ) CRM-M-13908-2021 (O&M)
kept a large quantity of intoxicant medicines in a room built in his house and sells the same. Pursuant to receipt of said information, a raid was conducted at the said premises. When the police entered the said premises a person, upon noticing the police, tried to run away but was apprehended by the police. Upon inquiry he disclosed his name as Manoj @ Bittu. Upon search of the room built in the rear portion of the house, huge quantity of drugs were recovered. As many as 18144 capsules of ‘Spasmo-Proxyvon’ having batch No.JT10739, 1008 capsules of ‘Spasmo-Proxyvon’ having batch No.JT10637, 5328 capsules of ‘Spas Core-Von’, 1135 bottles of ‘Onerex Syrup’ and 2400 tablets of ‘Alprasafe 0.5’ were recovered.
| Sr. No. | Name | **Age ** | Relation with head of family |
|---|---|---|---|
| 1 | Parkash Kumari | 62 | Self |
| 2 | ManojKumar | 32 | Son |
| 3 | Shiran | 30 | D/in-law |
| 4 | Nanu | 2 | G/son |
| Total | 4 |
PANKAJ KAKKAR 2021.11.09 15:22 I attest to the accuracy and integrity of this document
( 3 ) CRM-M-13908-2021 (O&M)
| Sr. No. | Name | **Age ** | Relation with head of family |
|---|---|---|---|
| 1 | Rajesh Jain | 36 | Self |
| 2 | Ritu | 34 | Wife |
| 3 | Ravi | 35 | Brother |
| 4 | Rishabh | 9 | Son |
| 5 | Raghav | 8 | Son |
| Total | 5 |
PANKAJ KAKKAR 2021.11.09 15:22 I attest to the accuracy and integrity of this document
( 4 ) CRM-M-13908-2021 (O&M)
also residing, would be debatable and it is only at the stage of trial that it may be definitely ascertained as to whether the petitioner can be said to be in conscious possession or not. The petitioner, in any case, has been behind bars for a substantial period of more than 3 years and is not even stated to be involved in any other case. As per information furnished by learned State counsel, the prosecution till date has examined only 6 out of cited 14 PWs. Conclusion of trial is likely to consume more time. In these circumstances, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
9.11.2021 ( Gurvinder Singh Gill ) pankaj Judge
Whether speaking /reasoned Yes / No Whether Reportable Yes / No
PANKAJ KAKKAR 2021.11.09 15:22 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether regular bail should be granted to the petitioner accused under the NDPS Act.
Whether lack of exclusive possession over the recovery premises justifies releasing the petitioner on bail.
Manoj Kumar @ Bittu
State of Haryana
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
