Allowed

Sukhwant Singh Alias Sukha v. State of Punjab

Punjab & Haryana HC9 Sept 2024CRM-M/59779/2023

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner under Section 439 Cr.P.C. in a case involving substantial recovery of Ezolam salts under the NDPS Act. Balancing the rigor of Section 37 NDPS Act with Article 21 and the petitioner's nearly two-year custody, the Court allowed bail on furnishing bonds.

What did the court decide?

Petitioner admitted to bail on furnishing requisite bail bonds and surety bonds to the satisfaction of the learned Trial Court or Duty Magistrate.

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

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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207

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CRM-M-59779-2023 Date of Decision: 09.09.2024

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SUKHWANT SINGH ALIAS SUKHA …..Pe--oner

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Vs.

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STATE OF PUNJAB …..Respondents

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CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA

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Present: Mr. Amandeep Singh, Advocate for the pe��oner.

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Mr. R.K. Takkar, DAG, Punjab.

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DEEPAK GUPTA, J. (ORAL)

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Prayer in this pe��on filed under Sec�on 439 Cr.P.C. is for grant of regular bail in case FIR No. 227 dated 25.09.2022, under Sec�ons 22/61/85 of the NDPS Act, 1985, registered at Police Sta�on Dharmkot, District Moga.

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This is the third pe��on for this purpose. The first pe��on bearing CRM-M-53077-2023 was dismissed as withdrawn by this Court vide order dated 03.11.2023 (Annexure P-3). The second pe��on bearing CRM-M-21922-2023 was also dismissed as withdrawn by this Court vide order dated 28.07.2023 (Annexure P-4).

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As per the prosecu�on allega�ons, 150 tablets containing salt of E�zolam were recovered from the possession of the pe��oner during patrolling by the police party based upon the secret informa�on on 25.09.2022. On analysis by the FSL, the salt of E�zolam was found to be contained in the recovered substance, the weight of which was found to be 20.55 grams, which is more than 8 �mes the threshold from which the commerical category of e�zolam starts.

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PRIYANKA 2024.09.09 18:05 I attest to the accuracy and integrity of this document

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CRM-M-59779-2023 -2-

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The conten�on raised by learned counsel for the pe��oner is that pe��oner is in custody for last almost 02 years and that only 03 out of 11 witnesses have been examined so far and thus, trial is likely to take long �me to conclude.

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Status report by the respondent-State has been filed and the same is taken on record. State counsel has opposed the bail pe��on on the ground that having regard to the heavy recovery, the rigor of Sec�on 37 of the NDPS Act will be applicable.

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The custody cer�ficate placed on record would indicate that the pe��oner is in custody for the last 01 years, 11 months and 12 days. He is involved in one more case pertaining to the NDPS Act and one case of Arms Act. Status report reveals that out of 11 witnesses cited by the prosecu�on only 03 have been examined so far and thus, trial is likely to take long �me to conclude.

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Having regard to all the aforesaid facts and circumstances, par�cularly the custody period of the pe��oner, the rigor of Sec�on 37 of the NDPS Act is required to be balanced with Ar�cle 21 of the Cons�tu�on of India providing for the fundamental right of the life and liberty, of which the right of speedy trial forms part.

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As such, without commen�ng anything further on the merits of the case, the pe��oner is admiAed 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/Duty Magistrate concerned.

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Allowed.

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			( DEEPAK GUPTA )
09.09.2024			JUDGE
pry
	Whether speaking/reasoned	:	Yes/No
	Whether reportable	:	Yes/No

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PRIYANKA 2024.09.09 18:05 I attest to the accuracy and integrity of this document

Sukhwant Singh Alias Sukha v. State of Punjab

Case brief

What is this about?

What did the court decide?

Sukhwant Singh Alias Sukha v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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