Punjab-Haryana High Court
Amit Alias Dhanak vs State Of Haryana on 11 January, 2021
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
CRM-M-33684-2020 and
CRM-M-37257-2020 -1-
213 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-33684-2020
DECIDED ON: 11th JANUARY, 2021
AMIT @ DHANAK
.....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
AND
CRM-M-37257-2020
LALLAN
.....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN.
Present: Ms. Neeru Bansal, Advocate for the petitioner
in CRM-M-33684-2020.
Mr. K.L. Saini, Advocate for the petitioner
in CRM-M-37257-2020
Mr. Deepak Bhardwaj, DAG, Haryana.
***
AVNEESH JHINGAN, J (ORAL)
The matter is taken up for hearing through video conference due to COVID-19 situation.
These are two petitions i.e. CRM-M-33684-2020 filed by Amit @ Dhanak and CRM-M-37257-2020 filed by Lallan, for regular bail in case of FIR No. 406, dated 30th August, 2020, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) 1 of 3 ::: Downloaded on - 12-01-2021 01:07:12 ::: CRM-M-33684-2020 and CRM-M-37257-2020 -2- registered at Police Station Kundli, District Sonepat.
The facts in brief are that on secret information a car bearing registration No. HR-26AQ-2682 was checked. The car was being driven by Amit @ Dhanak (petitioner in CRM-M-33684-2020). There were two other occupants. On checking, 16 Kgs of Ganja Patti each were recovered from the occupants of the car including the driver.
Learned counsel for the petitioners submit that petitioners are in custody since 30th August, 2020. Challan has been presented and no recovery is to be made. It is argued that 16 Kgs of Ganja Patti is a non-commercial quantity.
Learned State counsel opposes the grant of bail and argues that the petitioners were arrested from the spot. He further argues that Amit @ Dhanak was involved in two more case and Lallan was involved in six more cases. He submits that recovery as a whole was of 48 Kgs.
From the order passed by the court below it is clear that Amit @ Dhanak is acquitted in other two cases and a fine of R100/- was imposed in one case. Out of six cases Lallan is acquitted in five.
Considering the facts; that in the FIR specific recovery has been attributed to all the three accused of 16 Kgs of Ganja Patti each; they are in custody since August, 2020; no recovery is to be made; the individual recovery is of non-commercial quantity and conclusion of trial would take time, both the petitions are allowed. The petitioners are ordered to be released on bail subject to their furnishing surety/bail bonds to the satisfaction of learned trial Court/Duty Magistrate concerned.
2 of 3 ::: Downloaded on - 12-01-2021 01:07:13 ::: CRM-M-33684-2020 and CRM-M-37257-2020 -3- However, it is clarified that anything stated hereinabove shall not be construed as an expression on the merits of the case and is only for the purpose of deciding the bail application.
(AVNEESH JHINGAN)
th
11 JANUARY, 2021 JUDGE
sham
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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