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204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16525-2024 Date of Decision: January 21, 2025 Harjit Singh @ Joni …Pe//oner Versus State of Punjab …Respondent CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Ms. Avinash Mandla, Advocate for the peoner. Mr. Rajesh Sehgal, Addl. A.G., Punjab. DEEPAK GUPTA
, J.(Oral)
By way of present peon under Secon 439 Cr.P.C., peoner prays for his release on regular bail in a case arising out of FIR No.160 dated 02.08.2023, under Secon 22 of the Narcoc Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), registered at Police Staon Mukerian, District Hoshiarpur. 2. This is the second peon for the purpose. The earlier peon bearing CRM-M-57609 of 2023 was dismissed as withdrawn by this Court vide order dated 21.11.2023 (Annexure P-3). 3. Fresh Status report alongwith custody cerficate has been placed on record by learned State counsel. 4. As per prosecuon allegaons, 15 injecons without any label, alongwith 02 syringes were recovered from the possession of the peoner on 02.08.2023. As per status report filed by the respondent-State, the salt of the injecons was found to be Bupreorphine Hydrochloride and the total weight was 29.911 grams, which falls in the commercial category, which starts from 20 grams. 5. It is contended by learned counsel for the peoner is in custody for the last more than 01 year and 05 months; that trial is not proceeding and it may take long me to conclude and so he be allowed bail. Sarita Rani 2025.01.21 18:10 I attest to the accuracy of this document/order
CRM-M-16525-2024 - 2 - 2025:PHHC:008436
6. Refung the bail peon, learned State counsel has drawn a=enon towards the fact that the peoner is a convict in one more case under the NDPS Act and is also under trial in one more case. 7. Replying to the aforesaid contenon, learned counsel for the peoner informs that case FIR No.46 of 22, registered at Police Staon Nangal Bhur, in which the convicon of the peoner was recorded pertained to small quanty of contraband, which was 08 grams only and he was sentenced for 06 days imprisonment, which he has already completed. 8. A perusal of the custody cerficate would reveal that peoner is in custody for the last 01 year, 05 months and 10 days.
On instrucons from ASI Kuldeep Raj, it is informed by learned State counsel that out of 07 witnesses cited by the prosecuon, examinaon-in-chief of only 02 witnesses has been recorded ll date and the even their cross-examinaon is yet to be recorded. Thus, the trial is likely to take long me to conclude. 9. Having regard to all the aforesaid facts and circumstances, parcularly the long custody me and the trial may take long me to conclude, but without commenng anything on the merits of the case, peoner is admi=ed to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the sasfacon of learned Trial Court/Duty Magistrate concerned, on usual terms and condions. Allowed. January 21, 2025
(DEEPAK GUPTA) sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Sarita Rani 2025.01.21 18:10 I attest to the accuracy of this document/order