In a bail petition under the NDPS Act, the court granted regular bail to the petitioner. Factors considered included non-commercial quantity, co-accused release, and anticipated trial delays due to the pandemic.
Regular bail granted on furnishing surety bonds to the satisfaction of the trial Court or 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-M No. 18765 of 2021
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In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 18765 of 2021 Date of Decision: 26.7.2021
Surender Yadav
......Petitioner
Versus
State of Haryana
......Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. R.S.Waraich (Rana), Advocate for the petitioner.
Mr. Zorawar Singh Chauhan, AAG, Haryana.
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
The petitioner seeks regular bail in FIR No. 283 dated 11.10.2020 under Sections 18B/27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Kaithal, District Kaithal.
Learned counsel for the petitioner submits that the alleged recovery effected from the petitioner, falls under the non-commercial quantity; which was alleged to be in a transparent polythene bag; that co-accused Gurpreet Singh @ Gora has already been granted regular bail; that the petitioner has been in custody since 11.10.2020 and there is no other case against the petitioner under the NDPS Act.
On the other hand, learned State counsel submits that though the recovery effected from the petitioner is non-commercial but he is also GURPREET SINGH 2021.07.26 15:34I attest to the accuracy andfacing a criminal trial under Section 302 IPC in the State of Jharkhand. He integrity of this document Chandigarh
CRM-M No. 18765 of 2021 -2-
further submits that in the present case, charges have been framed but no prosecution witness has been examined till date.
I have heard the learned counsel for the parties.
Admittedly, the recovery effected from the petitioner is noncommercial and there is no other case against him. Co-accused Gurpreet Singh @ Gora has already been granted regular bail and the petitioner has been in custody since 11.10.2020. Charges have been framed but no prosecution witness has been examined yet. 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
July 26, 2021 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2021.07.26 15:34 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Sections 18B/27-A of the NDPS Act given the non-commercial nature of recovery and co-accused bail.
1 provisions across 1 enactments
Surender Yadav
State of Haryana
Harnaresh Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
