Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 208 CRM-M-46681-2024 Date of Decision.:21.01.2025 Ravi Singh
…..Pe--oner Vs. State of Punjab .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. P.S. Sekhon, Advocate for the peoner. Mr. Rajesh Sehgal, Addl. AG, Punjab. **** DEEPAK GUPTA, J. (ORAL) The peoner is seeking regular bail by way of peon filed under Secon 439 Cr.P.C in case FIR No.25 dated 11.02.2023 registered under Secons 22 and 25 of NDPS Act, 1985 at Police Staon Samana, District Paala. 2. As per prosecuon allegaons, on 11.02.2023 secret informaon was received against the peoner to the effect that he was in the habit of selling intoxicang material in his car and also used to keep the same in his newly constructed house. Based upon this informaon, raid was conducted in a newly constructed house of the peoner, which house did not have any window or door. No one was present in the house and then in the presence of Ex Sarpanch Didar Singh, search of the house was conducted and from under the cot lying in the room, one transparent plasc envelope was recovered wherein strips of tablets were visible. 200 strips each containing 10 tablets of Tramwel SR 100 i.e. total 2000 tablets NEETIKA TUTEJA 2025.01.21 16:40 I attest to the accuracy and integrity of this document
CRM-M-46681-2024 -2- were recovered. They were taken into possession. On analysis, the salt of the tablets were found to be that of Tramadol Hydrochloride with total weight of 754 grams. 3. It is contended by learned counsel that peoner has been falsely implicated; that no recovery was effected from him; that though the raid was conducted on 11.02.2023 on the basis of secret informaon and recovery effected on that date but peoner in this case was arrested on 12.04.2024 i.e. a<er a period of 01 year and 02 months. It is also contended that peoner is in custody for the last more than 09 months; that trial may take me to conclude and so, he be allowed bail. 4. Opposing the bail peon, learned State counsel points out that peoner is involved in three more cases pertaining to NDPS Act and was earlier convicted in another NDPS ma=er in a case arising out of FIR No.60 dated 22.05.2015 under Secon 15 of the NDPS Act. 5.
I have considered submissions of both the sides and perused the record. 6. It is the admi=ed posion that no recovery was effected from the peoner. The recovery was effected from the newly constructed house which was not having any window or door and in these circumstances it will be doub?ul to digest at this stage that contraband could be concealed only by the peoner. 7. Learned State counsel, on instrucons from ASI Shamsher Singh, submits that out of 21 witnesses cited by the prosecuon, 05 have been given up and 16 witnesses are le< to be examined and in fact, no witnesses has been examined ll date. 8. Having regard to the above facts and circumstances, it is clear NEETIKA TUTEJA 2025.01.21 16:40 I attest to the accuracy and integrity of this document
CRM-M-46681-2024 -3- that trial is likely to take long me to conclude. As such, but without commenng anything further on the merits of the case, this peon is allowed and peoner is admi=ed to bail on his furnishing bail bonds/surety bonds to the sasfacon of the Learned Trial Court/Duty Magistrate concerned, on usual terms and condions. ( DEEPAK GUPTA ) JUDGE January 21, 2025 Neeka Tuteja
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.01.21 16:40 I attest to the accuracy and integrity of this document