Gaurav Kumar @ Ghee vs State Of Punjab on 29 April, 2014

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Punjab-Haryana High Court

Gaurav Kumar @ Ghee vs State Of Punjab on 29 April, 2014

Bench: T.P.S.Mann

   IN THE HIGH COURT OF PUNJAB AND HARYANA
                AT CHANDIGARH

                        Criminal Misc. No.M-26103 of 2013
                            Date of Decision : April 29, 2014

Gaurav Kumar @ Ghee                                   .....Petitioner
                                 VERSUS
State of Punjab                                   .....Respondent

CORAM: HON'BLE MR. JUSTICE T.P.S.MANN

Present : Mr. Akshay Jain, Advocate
          for the petitioner.

          Dr.Deipa Singh, Additional A.G., Punjab.

T.P.S. MANN, J. (Oral)

Prayer made in the petition is for release of the petitioner on bail during the pendency of the trial of the case arising out of FIR No.158 dated 6.11.2012 under Section 22 of the NDPS Act registered at Police Station Goraya, District Jalandhar.

As per the prosecution, 100 grams of intoxicating powder, which had diphenoxylate as an active ingredient, was recovered from the petitioner.

On the last date of hearing, Senior Superintendent of Police, Jalandhar (Rural) apprised the Court by filing a short affidavit that the issue regarding alterations in the roznamcha of Police Post Dhaleta Police Station Goraya was inquired into by the Deputy Superintendent of Police, Phillaur. It was revealed that HC Harjit Singh No.570 was working as a Station Clerk (Munshi) at the said Police Post at the relevant time. Further, HC Harjit Singh stood placed under suspension vide order dated 3.1.2014 and regular departmental enquiry initiated against him.

Criminal Misc. No.M-26103 of 2013 -2-

Short affidavit has been filed by the Senior Superintendent of Police, Jalandhar (Rural), wherein it stands mentioned that the departmental enquiry against HC Harjit Singh stands completed and punishment of forfeiture of three years approved service and three increments with permanent effect awarded to him vide order dated 3.4.2014. Copy of the said order has been appended with the affidavit as Annexure R/A. After obtaining instructions from SI Bakshish Lal, learned State counsel has informed the Court that prosecution has already examined its entire evidence. The statement of the accused has also been recorded under Section 313 Cr.P.C. and now the case fixed for 2.5.2014 for defence evidence.

Once the matter has reached the stage of recording of defence evidence before the trial Court, it would not be proper to consider the pleas of the petitioner raised by him in the present petition for his release on bail as all this will be looked into by the trial Court on the basis of the evidence to be placed before it by both the parties.

Resultantly, the petition is dismissed.





                                                                 ( T.P.S. MANN )
                      April 29, 2014                                  JUDGE
                      satish




Satish Kumar
2014.04.29 17:38
I attest to the accuracy and
integrity of this document
Chandigarh

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