Allowed

Jagseer Singh Alias Pakodi v. State of Punjab

Punjab & Haryana HC27 Aug 2024CRM-M/40111/2024

Case brief

AI extract

What is this about?

Single-judge High Court allowed regular bail to the petitioner in an NDPS case involving Alprazolam. The court noted the petitioner had been incarcerated for over 10 months and the quantity was intermediate, not commercial, without commenting on case merits. Standard bail conditions were imposed.

What did the court decide?

Petitioner released on regular bail on furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, subject to specified conditions.

Jagseer Singh Alias Pakodi Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2024)

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[216] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH

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CRM-M- 4 0111-2024 Date of D ecision : 27.08.2024

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Jagseer S i ngh alias Pakodi …Petitioner

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ver s us

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State of P unjab ….Respondent

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Coram : HON’BLE MR. JUSTICE PANKAJ JAIN

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Present: Mr. Vedant Setia, Advocate a nd Ms. Harmanjot Kaur, Advo c ate for the petitioner. Mr. Solomon Partap Singh, A AG, Punjab. ***

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PANKAJ JAIN, J. (ORAL)

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[1] Prayer in this second petitio n filed under Section 439 Cr.P. C . is for grant of regular bail to the petiti o ner in case FIR No.0071 d a ted 09.10.20 2 3 registered under Section 22 ( b), 61 and 85 of the NDPS Ac t , at Police St a tion Bariwala, District Sri Muk t sar Sahib, Punjab.

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[2] Custody certificate dated 2 2.08.2024 has been produce d in Court today. The same is taken on recor d .

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[3] As per the case of the prosecution, petitioner was apprehen d ed after hav i ng been found to be in cons c ious possession of 105 tablet s of Alprazol a m .

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[4] Counsel for the petitioner submits that the total qua n tity recovere d from the petitioner is less than commercial quantity. Petition e r is behind b a rs for more than 10 months a n d 10 days. Challan already st a nds presente d . Thus, there can’t be any appr e hension that petitioner shall te m per RAJNEESH SHARMA 2024.08.28 06:18 with evid e nce. I attest to the accuracy and integrity of this document

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CRM-M- 4 0111-2024 -2-

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[5] Learned State counsel doe s not dispute the aforesaid f a cts. However , refers to the criminal antecede n ts of the petitioner and submits t hat he alread y stands booked in 05 more cas e s under the NDPS Act. Howe v er, it is not d isputed that the petitoner stan d s admitted to bail in all those 05 cases as w ell.

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[6] I have heard learned counse l for the parties and have caref u lly gone thro u gh the record of the case.

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[7] Keeping in view the lo n g incarceration suffered by petitione r and the fact that the quantity o f the contraband recovered from the petitione r falls within intermediate q u antity and it is less than commerc i al quantity, without comment i ng anything on the merits of the case, the p resent petition is allowed . Pe t itioner is ordered to be release d on regular bail on his furnishing bail/suret y bonds to the satisfaction of the learned T r ial Court/Duty Magistrate, con c erned.

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[8] However, in addition to con d itions that may be imposed by the Trial Co u rt/Duty Magistrate concerned, t h e petitioner shall remain boun d by the follo w ing conditions :-

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(i) The petiti o ner shall not mis-use the libert y granted.

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(ii) The petiti o ner shall not tamper with an y evidence o ral or documentary during the t r ial.

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(iii) The petiti o ner shall not absent himself on any date b efore the trial.

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(iv) The petiti o ner shall not commit any offen c e while on b ail.

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RAJNEESH SHARMA 2024.08.28 06:18 I attest to the accuracy and integrity of this document

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CRM-M- 4 0111-2024 -3-

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(v) The petiti o ner shall deposit his passport, i f any with t he trial Court.

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(vi) The petit i oner shall give his cellpho n e number t o the police authorities and shall n ot change h is cell-phone number witho u t permissio n of the trial Court.

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(vii) The petiti o ner shall not in any manner try to delay the t rial.

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[9] In case of breach of any of the aforesaid conditions and t h ose which m a y be imposed by the Trial Cour t , the prosecution shall be at lib e rty to move c ancellation of bail of the petitio n er.

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[10] Ordered accordingly.

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[11] Needless to say nothing reco r ded herein shall be construed t o be

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an expression of an opinion on the merits of the case.

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(PANKAJ JAIN) JUDGE

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27.08.20 2 4

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‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

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RAJNEESH SHARMA 2024.08.28 06:18 I attest to the accuracy and integrity of this document

Jagseer Singh Alias Pakodi v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jagseer Singh Alias Pakodi v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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