CRM M-51318 350 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Mohd Akram State of Punjab CORAM: HON'BLE MR. JUSTICE Present : HARKESH MANUJA, of BNSS, 2023 petitioner in case bearing FIR No. Section 22 Malerkotla allegation of rec Maleate Codeine Phosphate Syrup 2. 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 as witness has been examined and he being not involved in any other case, thus deserves the concession of bai 4. petitioner has been opposed by learned State counsel submitting that the recovery in the present case is commercial quantity and thus the petitioner does not deserve the concession of bail. 51318-2024 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M Date of Decision: Mohd Akram VERSUS State of Punjab CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present : Mr.Amjad Khan, Advocate for the petitioner. Mr. Rohit Bansal, Sr. DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) By way of present second of BNSS, 2023, prayer has been made for grant of regular bail to the petitioner in case bearing FIR No. Section 22 of the NDPS Act, 1985 registered at Police Station Malerkotla, whereby the petitioner has been implicated with the allegation of recovery of 85 plastic vials make Chlorpheniramine Maleate Codeine Phosphate Syrup. Custody certified has been filed in Court today. The same is taken on record. Registry to tag the same at appropriate place. Learned counsel for the petitioner submits petitioner is in custody for the last about 01 year and 0 is likely to take some time to conclude as has been examined and he being not involved in any other case, thus deserves the concession of bai On the other hand, the prayer made on behalf of the petitioner has been opposed by learned State counsel submitting that the recovery in the present case is commercial quantity and thus the petitioner does not deserve the concession of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RM M-51318-2024 (O&M) Date of Decision: 22.01.2025 ...Petitioner ...Respondent HARKESH MANUJA Amjad Khan, Advocate for the petitioner. Mr. Rohit Bansal, Sr. DAG, Punjab. second petition filed under Section 483 been made for grant of regular bail to the petitioner in case bearing FIR No.0053 dated 12.04.2023 under of the NDPS Act, 1985 registered at Police Station City , whereby the petitioner has been implicated with the 5 plastic vials make Chlorpheniramine Custody certified has been filed in Court today. The same is taken on record. Registry to tag the same at appropriate place. Learned counsel for the petitioner submits that the petitioner is in custody for the last about 01 year and 09 months; trial is likely to take some time to conclude as none of the prosecution has been examined and he being not involved in any other case, thus deserves the concession of bail. he prayer made on behalf of the petitioner has been opposed by learned State counsel while submitting that the recovery in the present case is commercial quantity and thus the petitioner does not deserve the concession of 483 been made for grant of regular bail to the 0053 dated 12.04.2023 under City-1, , whereby the petitioner has been implicated with the 5 plastic vials make Chlorpheniramine Custody certified has been filed in Court today. The same that the months; trial none of the prosecution has been examined and he being not involved in any other he prayer made on behalf of the while submitting that the recovery in the present case is commercial quantity and thus the petitioner does not deserve the concession of SANJAY GUPTA 2025.01.22 18:25 I attest to the accuracy and authenticity of this document CRM M-51318 5. through the paper book. I find substance in the submissions made by learned counsel for the petitioner. 6. concluded with the and none of the The petitioner is in custody for the last 01 year and 0 not involved in any other case, in such circumstances, c the fact that the tria justification to extend the incarceration of the petitioner 7. of the case, the present petition is allowed and the petitioner is ordered to be rel bonds/ surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. 8. stand disposed of. 22.01.2025 sanjay 51318-2024 (O&M) [2] I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made by learned counsel for the petitioner. In the present case, investigation already stands concluded with the filing of challan, none of the prosecution witnesses has been examined The petitioner is in custody for the last 01 year and 0 not involved in any other case, in such circumstances, c 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 merits 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 ? 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 followed by framing of charges prosecution witnesses has been examined so far The petitioner is in custody for the last 01 year and 09 months and is not involved in any other case, in such circumstances, considering l 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 merits of the case, the present petition is allowed and the petitioner is eased on bail, subject to his furnishing adequate bail surety bonds to the satisfaction of the concerned Trial Pending miscellaneous application(s), if any, shall also HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Yes/No Yes/No 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 followed by framing of charges so far. months and is onsidering l is likely to take some time, I do not find any Accordingly, without expressing any opinion on 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 Pending miscellaneous application(s), if any, shall also SANJAY GUPTA 2025.01.22 18:25 I attest to the accuracy and authenticity of this document