Allowed

Varinder Alias Kala v. State of Haryana

Punjab & Haryana HC11 Dec 2024CRM-M/19036/2024

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner accused under Sections 20, 25, 29 of the NDPS Act and Sections 420, 483 IPC. The Court held that further detention was unnecessary as the trial had stalled with only three witnesses examined out of twenty-nine, making the conclusion of the trial time-consuming. The petitioner, caught with ganja, had already been in custody for two years and six

What did the court decide?

The petitioner is ordered to be released on regular bail upon furnishing bail/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

Varinder Alias Kala Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2024)

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In the High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-19036-2024 (O&M) Date of Decision:-11.12.2024

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Virender @ Kala … Petitioner

Versus

State of Haryana

... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Madhur Jangra, Advocate and Mr. B.S. Chahal, Advocate, for the petitioner.

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Mr. Neeraj Sheoran, DAG, Haryana.

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FIR No.	Dated	Police Station	Under Section/s
257	28.5.2022	City Bahadurgarh,	420, 483, 201 of Indian Penal Code
		District Jhajjar	and Sections 20, 25, 29 of NDPS Act

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GURVINDER SINGH GILL, J . (Oral)

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The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

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The FIR was lodged on the basis of secret information received by the police to the effect that one Varinder @ Kala indulges in sale of contraband and that on the given day he was proceeding from Delhi to Bahadurgarh in Swift car bearing registration No.HR-10AK-0780. Upon receipt of said information the police stepped-up the vigil and was able to intercept the aforesaid vehicle. Although, the person who was driving the vehicle tried to escape but was overpowered by the police. Upon inquiry he disclosed his name as Varinder

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Pankaj Kakkar 2024.12.11 17:14 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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CRM-M-19036-2024 (O&M)

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( 2 )

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@ Kala and search of the boot of the car led to recovery of 6 bags containing ‘ Ganja ’ total weighing 122.5 Kgs of ‘ Ganja ’.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that, in any case, since the petitioner as of now has been behind bars since the last more than 2 years and 6 months and there has been no significant headway in the proceedings of the trial, he deserves the concession of bail.

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Opposing the petition, learned State counsel submitted that having regard to the fact that the petitioner was caught red handed at the spot while in possession of huge quantity of ‘ Ganja ’ and is involved in 4 other cases including one case under NDPS Act, it is apparent that it he is a seasoned criminal. Learned State counsel, however, has not disputed the factum of petitioner’s custody being more than 2 years and 6 months. It has also been informed that as on date only 3 PWs out of the cited 29 PWs have been examined.

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This Court has considered rival submissions addressed before this Court.

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While it is correct that the petitioner is alleged to have been caught redhanded while in possession of ‘commercial’ quantity of contraband, but this Court cannot overlook the fact that the petitioner has been behind bars for a substantial period of more than 2 years and 6 months. Conclusion of trial is likely to consume time inasmuch as only 3 PWs out of the cited 29 PWs have been examined so far. Under these circumstances, further detention of the petitioner will not serve any useful purpose.

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The instant 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

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Pankaj Kakkar 2024.12.11 17:14 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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CRM-M-19036-2024 (O&M)

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( 3 )

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satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

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11.12.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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Pankaj Kakkar 2024.12.11 17:14 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

Varinder Alias Kala v. State of Haryana

Case brief

What is this about?

What did the court decide?

Varinder Alias Kala v. State of Haryana

Case brief

What is this about?

What did the court decide?

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