CRM M-50232 299 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Gurbinder Singh @ Tony State of Punjab CORAM: HON'BLE MR. JUSTICE Present : HARKESH MANUJA, BNSS, 2023, petitioner in case bearing FIR No. Section 21 converted lateron) District Tarn the allegation of recovery of 2 2. same is taken on record. Registry to tag the same at appropriate place. 3. petitioner is in custody for the last about 01 year and 0 is likely to take some time to conclude and thus deserves the concession of bail. 4. petitioner has been opposed by learned State counsel submitting that apart from the present case wherein the recovery is of commercial quantity, petitioner is also involved in 50232-2024 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M Date of Decision: Gurbinder Singh @ Tony VERSUS State of Punjab CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present : Mr.Amit Arora, Advocate for the petitioner. Mr. Rohit Bansal, Sr. DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) By way of present 2nd petition filed under Section BNSS, 2023, prayer has been made for grant of regular bail to the petitioner in case bearing FIR No. Section 21-C of the NDPS Act, 1985 converted lateron) registered at Police Station Tarn Taran, whereby the petitioner has been implicated with the allegation of recovery of 265 grams of Custody certificate has been filed in Court today same is taken on record. Registry to tag the same at appropriate Learned counsel for the petitioner submits that the petitioner is in custody for the last about 01 year and 0 is likely to take some time to conclude and thus deserves the concession of bail. On the other hand, the prayer made on behalf of the petitioner has been opposed by learned State counsel submitting that apart from the present case wherein the recovery is of commercial quantity, petitioner is also involved in IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RM M-50232-2024 (O&M) Date of Decision: 16.01.2025 ...Petitioner ...Respondent HARKESH MANUJA , Advocate for the petitioner. Rohit Bansal, Sr. DAG, Punjab. petition filed under Section 483 been made for grant of regular bail to the petitioner in case bearing FIR No.443 dated 12.10.2023 under C of the NDPS Act, 1985 (Section 22(C) of the NDPS Act registered at Police Station Goindwal Sahib, hereby the petitioner has been implicated with grams of Tramadol salt. ustody certificate has been filed in Court today. T same is taken on record. Registry to tag the same at appropriate for the petitioner submits that the petitioner is in custody for the last about 01 year and 04 months; trial is likely to take some time to conclude and thus deserves the he prayer made on behalf of the petitioner has been opposed by learned State counsel while submitting that apart from the present case wherein the recovery is of commercial quantity, petitioner is also involved in two more cases 3 of been made for grant of regular bail to the under (Section 22(C) of the NDPS Act Goindwal Sahib, hereby the petitioner has been implicated with . The same is taken on record. Registry to tag the same at appropriate for the petitioner submits that the months; trial is likely to take some time to conclude and thus deserves the he prayer made on behalf of the while submitting that apart from the present case wherein the recovery is of more cases SANJAY GUPTA 2025.01.16 18:49 I attest to the accuracy and authenticity of this document CRM M-50232 under NDPS Act of total 11 prosecution witnesses, 08 have been examined the petitioner does not deserve the concession of bail. 5. through the paper book. I find substance in the submissions ma learned counsel for the petitioner. 6. concluded with the out of 1 recovery in the present case i commercial quantity and 04 cases under NDPS Act, but the other he is on ba circumstances, c time, I do not find any petitioner 7. of the case, the present petition is allowed and the petitioner is ordered to be released on bail, subject to bonds/ surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. 8. stand disposed of. 16.01.2025 sanjay 50232-2024 (O&M) [2] under NDPS Act. He further submits that trial is at the fag of total 11 prosecution witnesses, 08 have been examined the petitioner does not deserve the concession of bail. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions ma learned counsel for the petitioner. In the present case, investigation already stands concluded with the filing of challan, followed by framing of charges out of 11 prosecution witnesses, 0 recovery in the present case is marginally higher than the commercial quantity. The petitioner is in custody for the last 01 year months. Undisputedly, petitioner is involved in cases under NDPS Act, but in one he has been acquitted; whereas in the other he is on bail being non circumstances, considering the fact that the trial is likely to take some time, I do not find any justification to extend the incarceration of the petitioner. Accordingly, without expressing any opinion on the of the case, the present petition is allowed and the petitioner is ordered to be released on bail, subject to surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. Pending miscellaneous application(s), if any, shall also stand disposed of. .01.2025 ( Whether speaking/reasoned? Whether Reportable? . He further submits that trial is at the fag end as out of total 11 prosecution witnesses, 08 have been examined and thus the petitioner does not deserve the concession of bail. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made by In the present case, investigation already stands filing of challan, followed by framing of charges prosecution witnesses, 08 have been examined and s marginally higher than the non . The petitioner is in custody for the last 01 year months. Undisputedly, petitioner is involved in two more in one he has been acquitted; whereas in non-commercial quantity, in such the fact that the trial is likely to take some justification to extend the incarceration of the Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing adequate bail surety bonds to the satisfaction of the concerned Trial s application(s), if any, shall also HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No end as out and thus I have heard learned counsel for the parties and gone de by In the present case, investigation already stands filing of challan, followed by framing of charges; and non- . The petitioner is in custody for the last 01 year more in one he has been acquitted; whereas in commercial quantity, in such the fact that the trial is likely to take some justification to extend the incarceration of the merits of the case, the present petition is allowed and the petitioner is furnishing adequate bail surety bonds to the satisfaction of the concerned Trial s application(s), if any, shall also SANJAY GUPTA 2025.01.16 18:49 I attest to the accuracy and authenticity of this document