Gursimran Singh vs State Of Punjab
- Neutral2023:PHHC:129045
Ratio decidendi
The rule this decision rests on
In cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 involving recovery of non-commercial quantity of contraband from the conscious possession of an accused person with clean antecedents, where no further recovery is to be made and the conclusion of investigation and trial is likely to take considerable time, regular bail should be granted as no useful purpose would be served by depriving the accused of personal liberty during the pendency of the proceedings.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Present:- Mr. Gagandeep Singh Bajwa, Advocate for the petitioner. Ms. Navreet K. Barnala, AAG, Punjab.
3 2 3k 3k 2
AVNEESH JHINGAN, J. (Oral)
1. This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR No.210 dated 18.07.2023, under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') registered at Police Station Special Task Force, District SAS Nagar.
2. Learned counsel for the petitioner claims parity with co-accused Harpreet Singh @ Sahil, who was granted regular bail by this court on 25.09.2023 in CRM-M-47482-2023 and submits that petitioner has clean antecedents; recovery from the co-accused is of non-commercial quantity and no further recovery is to be made.
3. Learned State counsel on instructions opposes the prayer but is not in a position to distinguish the case of the petitioner qua the co-accused so far as grant of regular bail is concerned.
4. Without commenting on the merits of the case, considering that
contraband was recovered from the conscious possession of each of the
authenticity of this document Punjab & Haryana High Court,
Chandigarh
CRM-M-49341-2023 2023: PHHC:129045
-2- accuse; the recovery from the petitioner is of non-commercial quanity; no further recovery is to be made; the petitioner has clean antecdents and conclusion of investigation and trial is likely to take time; no useful purpose would be served by depriving personal liberty of the petitioner.
5. The petitioner is granted bail subject to his furnishing bail
bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate
concerned.
6. The petition is allowed.
(AVNEESH JHINGAN) 05" October, 2023 JUDGE Kapil Whether speaking/reasoned Yes/No
Whether reportable Yes/No
KAPIL 2023.10.05 17:06 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh
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