Punjab-Haryana High Court
Raghvender Kumar Jha vs State Of Haryana on 6 May, 2013
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
CRM-M-8763-2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-8763-2013 (O&M)
Date of Decision: May 6, 2013
Raghvender Kumar Jha
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr. Chandra Kumar Jha, Advocate,
for the petitioner.
Mr. Anupam Sharma, AAG, Haryana,
for the respondent.
Mr. Sidakmeet Sandhu, Advocate,
for the complainant.
NARESH KUMAR SANGHI, J.
1. Prayer in this petition is for grant of regular bail to the petitioner, Raghvender Kumar Jha, son of Jagdish Jha, resident of Siswar, Police Station, Phoolpras, District Madhubani (Bihar), who has been booked for having committed the offences punishable under Sections 420, 467, 468 and 471, IPC, and Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a case arising out of FIR No. 151, dated 19.4.2012, registered at Police Station, DLF Qutab Enclave, District Gurgaon.
2. Learned counsel contends that admittedly smack was not recovered from the possession of the petitioner. He further submits that even if the whole case of the prosecution is taken at CRM-M-8763-2013 (O&M) 2 its face value, then also the identity of the petitioner would be a moot point during the course of trial. He further contends that Report No. FSL(H) 2012/N-2238, dated 31.5.2012, has been received from the Forensic Science Laboratory, Haryana, Madhuban, Karnal, which reveals that the contraband alleged to have been dealt with by the petitioner does not attract the mischief of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, since Paracetamol and Caffeine were found in the alleged material.
3. Learned counsel for the State on instructions from ASI Ram Pal of Police Station, DLF Qutab Enclave, District Gurgaon, very fairly concedes that in view of the report received from the Forensic Science Laboratory, Haryana, Madhuban, Karnal, no case under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is made out qua the petitioner. He also concedes that all the other offences for which the petitioner has been charge-sheeted, are triable by the learned Judicial Magistrate Ist Class.
4. Heard.
5. The petitioner is behind the bars from 24.5.2012. According to the report received from the Forensic Science Laboratory, Haryana, Madhuban, Karnal, the mischief of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is not attracted.
6. Keeping in view the totality of the circumstances of the present case, the present petition is allowed. The petitioner, Raghvender Kumar Jha, son of Jagdish Jha, resident of Siswar, CRM-M-8763-2013 (O&M) 3 Police Station, Phoolpras, District Madhubani (Bihar), is ordered to be released on bail during pendency of the trial of this case, subject to his furnishing bail bonds to the satisfaction of the learned Trial Court.
(NARESH KUMAR SANGHI) JUDGE May 6, 2013 Pkapoor