Punjab-Haryana High Court
Mani Singh @ Maddi vs State Of Punjab on 22 July, 2020
Author: Deepak Sibal
Bench: Deepak Sibal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.207
CRM-M-17481-2020
Date of decision: 22.07.2020
Mani Singh @ Maddi ....Petitioner
versus
State of Punjab ....Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
Present: Mr. Sukhmeet Singh, Advocate
for the petitioner.
Mr. A.A. Pathak, Addl. A.G., Punjab.
* * *
DEEPAK SIBAL, J. (Oral)
Case taken up through video conferencing.
The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail in FIR No.14 dated 27.01.2020, registered under Sections 22/25 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Dhaka District Ludhiana.
The case of the prosecution is that the petitioner was found in illegal possession of 1500 tablets of Lomotil containing Diphenoxylate Hydrochloride.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case; he is in custody since 27.01.2020; there is no other criminal case in which he is involved; the challan under Section 173 Cr.P.C. has already been filed and therefore the petitioner is not in a position to influence the investigation and that the trial which is yet to commence is likely to take a long time to conclude.
1 of 2 ::: Downloaded on - 27-09-2020 01:33:18 ::: CRM-M-17481-2020 -2- Learned State counsel though does not dispute that the petitioner is not involved in any other case and that the challan under Section 173 Cr.P.C. has been filed, opposes the grant of bail on the ground that 1500 tablets of Lomotil containing Diphenoxylate Hydrochloride have been recovered from the petitioner's possession.
In view of the fact that the petitioner is in custody since 27.01.2020; there is no other criminal case in which he is involved; the challan under Section 173 Cr.P.C. has already been filed and therefore the petitioner is not in a position to influence the investigation and the trial which is yet to commence is likely to take a long time to conclude, the present case is considered to be a fit one in which the petitioner be directed to be released on regular bail. Resultantly, subject to the satisfaction of the CJM/Duty Magistrate, Ludhiana, the petitioner is directed to be released on bail.
It is clarified that the above observations have been made only for the limited purpose of deciding the present regular bail application and the same would not be construed to be an expression of opinion on the merits of the case.
(DEEPAK SIBAL)
JUDGE
July 22, 2020
Jyoti 1
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
2 of 2
::: Downloaded on - 27-09-2020 01:33:19 :::