Punjab-Haryana High Court
Daljit Kumar vs State Of Punjab on 26 August, 2020
CRM-M-23632-2020 (O&M) -1-
215
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-23632-2020 (O&M)
Date of Decision: 26.08.2020
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Daljit Kumar
..... Petitioner
Versus
State of Punjab
..... Respondent
CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present: Mr. Lakhwinder Singh Mann, Advocate,
for the petitioner.
Mr. J.P. Ratra, DAG, Punjab.
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SUDIP AHLUWALIA, J. (ORAL)
The instant petition has been filed under Section 439 of the Code of Criminal Procedure by the petitioner, seeking regular bail in case FIR No.420 dated 25.12.2019, under Sections 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), registered at Police Station Phillaur, District Jalandhar (Rural). [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, 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 1 of 2 ::: Downloaded on - 04-09-2020 02:01:19 ::: CRM-M-23632-2020 (O&M) -2- 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 Buprenorphine injections 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]. The present petition, along with all the pending applications, stand disposed off.
26.08.2020 (SUDIP AHLUWALIA)
Apurva JUDGE
1. Whether speaking/reasoned: Yes/No
2. Whether reportable: Yes/No
2 of 2
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