Allowed

Baldev Singh Alias Dehbo Alias Gurdev Singh v. State of Punjab

Punjab & Haryana HC3 Oct 2024CRM-M/19103/2024

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted regular bail to the petitioner accused of smuggling heroin under the NDPS Act and IPC. The court noted the lack of link evidence connecting the petitioner to the crime and that no witnesses had been examined.

What did the court decide?

Petitioner admitted to bail on furnishing requisite bail and surety bonds to the satisfaction of the Trial Court on usual terms and conditions.

Baldev Singh Alias Dehbo Alias Gurdev Singh Vs… — Narcotics (NDPS) | Punjab & Haryana HC (2024)

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213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-19103-2024 Date of Decision: October 03, 2024

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Baldev Singh alias Dehbo alias Gurdev Singh …Pe00oner

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Versus

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State of Punjab …Respondent

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CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present: - Mr. Bhim Singh, Advocate for

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Mr. Rajiv Kumar Saini, Advocate for the pe oner.

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Mr. Rajeev K. Takkar, DAG, Punjab.

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DEEPAK GUPTA, J.(Oral)

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By way of present pe on filed under Sec on 439 Cr.P.C., pe oner prays for his release on regular bail in a case arising out of FIR No.110 dated 04.07.2023, under Sec ons 21, 23, 25 and 29 of the Narco c Drugs and Psychotropic Substances Act, 1985 and Sec on 201 of IPC, registered at Police Sta on Gharinda, Amritsar.

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As per prosecu on allega ons, a secret informa on was received to the effect that pe oner- Baldev Singh was involved in procuring heroin from Pakistan through drown and that co-accused Gurbir Singh used to help him in this regard. Secret informa on was also to the effect that on 04.07.2023, heroin was dropped by the drown near the house of Hardev Singh @ Happy and the same has been picked up by the pe oner and co-accused. Both of them were apprehended and the recovery of 260 grams of heroin was effected.

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Learned counsel for the pe oner contends that pe oner has been falsely implicated; that he has never indulged in any such crime; that he is in custody for the last more than 01 year and 02 months; and that the trial is not proceeding and so he be allowed bail.

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Learned State counsel has opposed the bail pe on by submi<ng that the pe oner is indulging in smuggling of heroin from Pakistan. However, to a specific query put forth by this Court, learned State counsel concedes on the basis of the status report that except for the

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Sarita Rani 2024.10.03 06:28 I attest to the accuracy of this document/order

CRM-M-19103-2024

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2024:PHHC:131512

disclosure statements of the pe oner and co-accused, there is no link evidence, so as to connect the pe oner to have smuggled the heroin from Pakistan.

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Apart from this, though the status report reveals that out of 17 witnesses cited by the prosecu on, not even a single witness has been examined so far. But learned State counsel on the basis of the parivi report informs that out of 16 witnesses cited by the prosecu on, 02 have been examined and 01 has been given up.

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Custody cer ficate previously placed on record also indicates that the pe oner is in custody since 09.07.2023, i.e. for the last more than 01 year and 02 months. Pe oner is not involved in any other case.

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Having no ced all the aforesaid facts and circumstances, but without commen ng anything on the merits of the case, pe oner is admi?ed to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the sa sfac on of learned Trial Court concerned, on usual terms and condi ons.

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Allowed.

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October 03, 2024		(DEEPAK GUPTA)
sarita		JUDGE
	Whether reasoned/speaking:	Yes/No
	Whether reportable:	Yes/No

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Sarita Rani 2024.10.03 06:28 I attest to the accuracy of this document/order

Baldev Singh Alias Dehbo Alias Gurdev Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Baldev Singh Alias Dehbo Alias Gurdev Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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