Allowed

Nanak Singh v. State of Punjab

Punjab & Haryana HC25 Oct 2024CRM-M/42831/2024

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner, a non-commercial NDPS accused who had absconded, violated bail conditions, and was declared a proclaimed offender. Considering his 14-month detention and the non-commercial nature of the case, the court ordered his release upon furnishing bonds to the trial court.

What did the court decide?

Request for regular bail allowed; petitioner to be released on furnishing bail/surety bonds to the satisfaction of the trial court.

Nanak Singh Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2024)

¶1

¶2

CRM-M-42831-2024 (O&M)

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM-M-42831-2024 (O&M) Date of Decision: 25.10.2024

Nanak Si n gh

...Petitioner

Versus

State of P unjab ...Respondent

¶9

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

¶10

Present: Mr. Harmanpreet Singh, Ad v ocate, for the petitioner.

¶11

Mr. Amandeep Singh, DAG, Punjab.

¶12

FIR No.	Dated	Police Station	Section/s
73	21.07.2018	Gharinda, Distri ct	21 & 22 of the NDPS Act
		Amritsar Rural

¶13

GURVINDER SINGH GILL, J. (Oral)

¶14

The petit i oner seeks grant of regular b a il in respect of aforementione d FIR.

¶15

The alle g ations, in nutshell, are that the petitioner was found i n possessio n of 110 intoxicant tablets, which upon analysis were found t o contain ‘ T ramadol’.

¶16

Learned c ounsel for the petitioner submi t ted that it is a case of recover y of ‘non-commercial’ quantity of contrab a nd in which the petitioner ha d been gra n ted bail, but subsequently on a c count of incorrect noting dow n of date, he could not appear before the tr i al Court and later on account o f his absen c e on several dates, he was dec l ared as proclaimed offender. I t

¶17

VIMAL KUMAR 2024.10.25 15:47 I attest to the accuracy and integrity of this document

¶18

¶19

CRM-M-42831-2024 (O&M)

¶20

has been submitted that in any case the p etitioner, after his re-arrest, ha s now bee n behind bars for the last about 1 4 months.

¶21

Opposin g the petition, learned State cou n sel submitted that since it is a case whe r e the petitioner has violated t h e conditions as imposed at th e time of h is release on bail and had abs e nted for a long period and ha d also been declared a proclaimed offender, the petitioner certainly does no t deserve t o be released on bail. Learned State counsel has informed tha t as on date out of cited 10 PWs, 3 PWs stand examined and 1 PW ha s

¶22

been giv e n up. It has also been info r med that the petitioner stand s involved i n 2 other cases under the NDP S Act.

¶23

Learned c ounsel for the petitioner has c larified that said 2 cases wer e registere d much prior to the registration o f the instant case and pertain t o recovery o f ‘non-commercial’ quantity o f contraband.

¶24

This Cou r t has considered rival submissi o ns.

¶25

Having r e gard to the fact that the petiti o ner has been behind bars for a substanti a l period of 14 months after his re-arrest pursuant to th e petitione r declared a proclaimed offender and also the fact that it is a cas e of recov e ry of ‘non-commercial’ quanti t y of contraband, the petitione r deserves t o be given another chance. T h e petition, as such, is accepte d and the p etitioner is ordered to be r e leased on regular bail on hi s furnishin g bail bonds/surety bonds to t he satisfaction of learned tria l Court/Ch i ef Judicial Magistrate/Duty Ma g istrate concerned.

¶26

It is, ho w ever, made clear that in case t h e petitioner violates any of th e condition s as may be imposed by the tria l Court at the time of acceptanc e of bail b o nds/surety bonds or is found to be indulging in similar offenc e

¶27

VIMAL KUMAR 2024.10.25 15:47 I attest to the accuracy and integrity of this document

¶28

¶29

CRM-M-42831-2024 (O&M)

¶30

again, th e prosecution would be at liberty to move an application fo r cancellation of bail before this Court.

¶31

25.10.2024 (GURVINDER SINGH GILL) Vimal JUDGE

¶32

Whether speaking/reason e d: Yes/No Whether reportable: Yes/No

¶33

VIMAL KUMAR 2024.10.25 15:47 I attest to the accuracy and integrity of this document

Nanak Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Nanak Singh 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

Parties & counsel

Coram

Case details

Similar cases

Harjinder Singh @ Jinda Vs State of Punjab

Amarjit Singh Alias Azad Vs State of Punjab and Anr.

Mejar Singh Alias Major Singh and Ors. Vs State of Punjab and Anr.

Surender Singh and Others Vs State of Haryana and Another

Pritam Singh Vs State of Haryana and Others

Gurmeet Kaur Vs State of Haryana