Allowed

Baljinder Singh @ Binda v. State of Punjab

Punjab & Haryana HC4 Mar 2024CRM-M/1954/2024

Case brief

AI extract

What is this about?

Regular bail sought under Section 439 Cr.P.C. in an NDPS case involving recovery of 5 grams heroin, a non-commercial quantity. The court noted the custody period of over three months and that the trial would take time, and admitted the petitioner to bail on furnishing bail bonds.

What did the court decide?

Petitioner admitted to regular bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

Baljinder Singh @ Binda Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2024)

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2024:PHHC:030753

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[232] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-1954-2024

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Date of Decision : 04.03.2024

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Baljinder Singh @ Binda

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…Petitioner

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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. Kushagra Mahajan, Advocate for the petitioner. Mr. Amandeep Singh Sandhu, DAG, Punjab.

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DEEPAK GUPTA, J. (ORAL)

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[1] The petitioner is seeking regular bail by way of petition filed under Section 439 Cr.P.C in case FIR No.133 dated 15.11.2023 under Sections 21 & 29 of the NDPS Act, 1985, registered at Police Station Kathunangal, District Amritsar.

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[2] Status report has not been filed, till date.

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[3] As per allegations, 05 grams of heroin was recovered from the possession of the petitioner on 15.11.2023. On his disclosure statement, one Harpal Singh was arrested and from whom 265 grams more heroin was recovered from his house.

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[4] Learned counsel contends that recovered quantity of contraband falls in the non-commercial category and that petitioner is in custody for the last more than 03 months; that trial may take long time to conclude, so he be allowed bail.

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[5] Learned State Counsel concedes the fact that the recovered quantity of the contraband from petitioner falls in the non-commercial

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RAJNEESH SHARMA category but there is another case wherein the petitioner already stands 2024.03.05 01:10 I attest to the accuracy and integrity of this document

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2024:PHHC:030753 CRM-M-1954-2024 -2-

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convicted and sentenced for rigorous imprisonment of 10 years under the NDPS Act and that presently he is on bail, as his sentence was suspended.

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[6] As per custody certificate placed on record, petitioner is in custody for the last 03 months and 16 days. The recovered contraband falls in the non commercial category. Trial may take long time to conclude.

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[7] Having regard to the above facts and circumstances and the fact that trial is likely to take time to conclude, but without commenting anything further on the merits of the case, this petition is allowed and petitioner is admitted to bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, on usual terms and conditions.

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(DEEPAK GUPTA) JUDGE

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04.03.2024

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‘Rajneesh' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

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RAJNEESH SHARMA 2024.03.05 01:10 I attest to the accuracy and integrity of this document

Baljinder Singh @ Binda v. State of Punjab

Case brief

What is this about?

What did the court decide?

Baljinder Singh @ Binda v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

Case details

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