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Punjab-Haryana High Court

Jatinder Singh vs State Of Punjab on 27 October, 2020

213
            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                                           CRM-M No.10621 of 2020 (O&M)
                                           Date of Decision : 27.10.2020

Jatinder Singh
                                                                .....Petitioner
                                          Versus

State of Punjab
                                                              .....Respondent

CORAM : HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present :     Mr. Gurpal S. Sandhu, Advocate
              for the Petitioner.

              Mr. N.K. Banka, Dy. Advocate General, Punjab
              for the Respondent/State.

SUDIP AHLUWALIA, J. (ORAL)

CRM No.26381 of 2020 For the reasons mentioned in the Application, the Applicant/ Petitioner is permitted to replace/place on record correct translated copy of FIR (Annexure P-1), subject to all just exceptions.

Application stands disposed off.

CRM-M No.10621 of 2020

The instant petition has been filed under Section 439 of the Code of Criminal Procedure by the Petitioner, seeking Regular Bail on behalf of the Petitioner in case FIR No.250 dated 22.11.2019, under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), registered at Police Station Kotbhai Distt. Sri Muktsar Sahib.

2. Ld. Counsel for the Petitioner relies upon the decisions of the Co-ordinate Bench of this Court in cases bearing CRM-M No.13685 of 2020 titled as "Sher Singh Vs. State of Punjab", passed on 15.06.2020, 1 of 2 ::: Downloaded on - 27-10-2020 23:29:53 ::: CRM-M No.10621 of 2020 (O&M) -2- ***** CRM-M No.2831 of 2019 titled as "Sunil Bhati @ Sunil Kumar Bhati Vs. State of Punjab", passed on 13.01.2020, CRM-M No.13732 of 2020 titled as "Ricky Vs. Union Territory, Chandigarh", passed on 16.06.2020 and CRM-M No.46998 of 2019 titled as "Harwinder Singh Vs. State of Punjab", passed on 10.02.2020, in which the Petitioners, from whom similar type of contraband had been recovered, were nevertheless released on bail, in view of the fact that they were not reported to be involved in any other case under the NDPS Act, and also that on account of the existing COVID-19 pandemic, routine trial of the cases would take a longer time. In the present case also, the Petitioner is not reported to be involved in any other case under the NDPS Act and Challan against him has already been submitted after completion of the investigation, although the trial is yet to commence.

3. As such, at this stage, in view of the extra ordinary situation occasioned on account of the existing COVID-19 pandemic, the Petitioner is ordered to be released on Regular Bail to the satisfaction of the Ld. Trial Court/Duty Magistrate concerned, subject to the condition that the State shall be at liberty to seek cancellation of the same, in case the petitioner is found to be involved in any other case under the NDPS Act.

4. Disposed off.

October 27, 2020                                      (SUDIP AHLUWALIA)
Dpr                                                         JUDGE
            Whether speaking/reasoned           :    Yes/No
            Whether reportable                  :    Yes/No




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