Petitioner sought regular bail under CrPC Section 439 in an NDPS case involving recovery of commercial quantity of intoxicant tablets. Court noted petitioner's flight and prior convictions while acknowledging lack of direct recovery from him.
Regular bail prayer dismissed.
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2023: PHHC:134594
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-12689-2023 Decided on: 16.10.2023
Harnaib Singh @ Naib
. . . . Petitioner
Vs.
State of Punjab
. . . . Respondent ****
CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA ****
Present: - Mr. L.S. Sekhon, Advocate, for the petitioner.
Mr.R.S. Khaira, DAG, Punjab.
DEEPAK GUPTA, J.
Status report by way affidavit of Shri Satvir Singh PPS, Deputy Superintendent of Police, Sub Division, Barnala along with custody certificate has been filed today in Court and the same is taken on record.
VIVEK PAHWA 2023.10.17 18:59 I attest to the accuracy and integrity of this document
CRM-M-12689-2023
2023: PHHC:134594
requested to join police party. Manjeet Kaur agreed for the same. After some time, a person was seen coming on the motor cycle, who at the sight of the police party, threw a plastic envelop hanging on the handle of his motorcycle and fled away. Manjeet Kaur indentified that person to be Naib Singh son of Mehar Singh and further told that said Naib Singh used to come to their village several times for selling intoxicant tablets. Despite chase given by the police party, said Naib Singh could not be apprehended. On checking the envelope, 900 intoxicant tablets of ALPRASAFE 0.5 having specific batch number and date of manufacturing etc. were found therein. Total weight of the contraband recovered was found to be 108.243 gm and thus, the recovered quantity of contraband falls in the commercial quantity. During investigation, complete name and address of Naib Singh was verified to be Harnaib Singh @ Naib son of Mehar Singh resident of Village Mullowal, Tehsil and District Sangrur. He was arrested on 27.03.2021.
VIVEK PAHWA 2023.10.17 18:59 I attest to the accuracy and integrity of this document
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CRM-M-12689-2023
2023: PHHC:134594
commercial in nature. Though it is conceded that petitioner was not apprehended from the spot, but it is argued that when he fled from the spot, after throwing the polythene containing the contraband, he had been identified by Manjeet Kaur. Ld. State counsel also drawn attention of the criminal antecedents of the petitioner, who has already been convicted in 2 cases of NDPS Act including case FIR No.42 of 2009 registered under Section 15 of the NDPS Act at Police Station, Sherpur, wherein he has been sentenced to undergo rigorous imprisonment for 10 years; and FIR No.49 of 2013 registered under Sections 18/61/85 of the NDPS Act at Police Station Sadar Nabha, wherein he has been sentenced to undergo rigorous imprisonment for one year. As per the details given by ld. State counsel, though petitioner has been acquitted in one NDPS case, but he is still facing trial in 2 more cases, one in NDPS Act and one under Section 307 IPC.
Dismissed.
(DEEPAK GUPTA) 16.10.2023 JUDGE �����
1. Whether speaking/reasoned? Yes /No 2. Whether reportable? Yes/No
VIVEK PAHWA 2023.10.17 18:59 I attest to the accuracy and integrity of this document
Page 3 of 3
2 issues framed by the court
Whether regular bail should be granted considering recovery of commercial quantity and criminal antecedents.
Whether credible defence of false implication and lack of physical recovery warrants release on bail.
3 provisions across 3 enactments
Harnaib Singh @ Naib
State of Punjab
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
