Punjab-Haryana High Court
Tapan Kumar vs State Of Punjab on 9 October, 2014
Author: Anita Chaudhry
Bench: Anita Chaudhry
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-30983 of 2014
Date of decision : 09.10.2014
Tapan Kumar
......Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MS. JUSTICE ANITA CHAUDHRY
Present: Mr. Satnam Singh Gill, Advocate
for the petitioner
Mr. Gazi Mohd., DAG Punjab
****
ANITA CHAUDHRY, J. (ORAL)
This is a petition filed under Section 439 Cr.P.C. for grant of regular bail in FIR No. 85 dated 25.07.2014 registered under Section 22/61/85 of the NDPS Act at Police Station Lahori Gate, Patiala, District Patiala.
The bail application filed by the petitioner was dismissed by Judge Special Court, Fast Track Court, Patiala on 26.08.2014.
Heard.
The petitioner was found to be in possession of 55 capsules of Proxivon. The FSL report till date has not been received. The petitioner is in custody since the time of his arrest.
In Crl. Misc. No. M-13140 of 2012 titled as Inderjeet Singh @ Laddi vs. State of Punjab, decided on 31.01.2014, the Division Bench had given directions to the States and to the Forensic Science Laboratories regarding the steps which were required to be REENA 2014.10.10 14:36 I attest to the accuracy and integrity of this document chandigarh Crl. Misc. No. M-30983 of 2014(O&M) -2- taken. While referring to number of authorities it was observed that the Presiding Officer of a Special Court dealing with cases under the NDPS Act would have the inherent power to grant interim bail in matters where the FSL report has not been received and consider the question of bail after receipt of the report.
The petitioner is in custody since the time of his arrest. The report of the FSL has not been received, therefore, interim bail is allowed to the petitioner till the receipt of the FSL report. The petitioner would furnish adequate personal and surety bond to the satisfaction of Judge Special Court, Patiala. On receipt of the FSL report, the State would apprise the Court and the Court would send a notice and the accused shall surrender. The petitioner would be at liberty to approach the concerned Court for grant of regular bail after the FSL report is received.
The petition stands disposed of.
09.10.2014 (ANITA CHAUDHRY)
reena JUDGE
REENA
2014.10.10 14:36
I attest to the accuracy and
integrity of this document
chandigarh