Punjab-Haryana High Court
Satnam Singh @ Satta vs State Of Punjab on 7 May, 2013
Author: Mahesh Grover
Bench: Mahesh Grover
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-4381 of 2013 (O&M)
Date of Decision : 7.5.2013
Satnam Singh @ Satta
....Petitioner
Versus
State of Punjab
...Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present : Mr.Karambir Singh Kahlon, Advocate
for the petitioner.
Ms.Rajni Gupta, Addl.A.G., Punjab.
.....
MAHESH GROVER, J.
Crl.Misc.No.19836 of 2013 Allowed as prayed for. Office to make necessary correction by adding Section 473 IPC in the heading of the petition. Crl.Misc.No.M-4381 of 2013 This is a petition under Section 438 Cr.P.C. where the petitioner prays for his release on bail in terms thereof in a case registered vide FIR No.74 dated 27.8.2012 under Sections 22, 61, 85 of NDPS Act, 1985 and 379, 411 (Section 473 added later on) IPC registered at P.S.Kotli Surat Malhi, Distt. Gurdaspur.
The allegations against the petitioner are that he was found in possession of 1000 grams of powder which was subsequently established to be a habit forming synthetic drug. The petitioner was not arrested from the spot.
On 8.2.2013 it was noticed by this court that the Crl.Misc.No.M-4381 of 2013 (O&M) -2- motorcycle which the petitioner and his co-accused were riding was stolen and the alleged contraband was recovered from the co-accused. The court also noticed that the powder which was recovered was not covered under the Narcotic Drugs and Psychotropic Substances Act. Interim protection was granted to the petitioner subject to his complying with the provisions of Section 438(2) Cr.P.C., pursuant to which he has since joined the investigation, which fact has not been controverted by the learned counsel for the State on instructions from SI Balwinder Kumar.
Having regard to the aforesaid, the interim directions dated 8.2.2013 are hereby made absolute primarily considering the fact that the petitioner was not arrested from the spot, subject to the condition that the petitioner continues to comply with the provisions of Section 438(2) Cr.P.C.
The Court, however, does not wish to comment on the aspect of the powder which was established on the basis of Chemical Examiner's report to be a synthetic habit forming drug being covered under the Narcotic Drugs and Psychotropic Substances Act or not.
It may be noticed that during the course of proceedings notice had been issued to SI Balwinder Kumar for not producing the report of the Chemical Examiner on record despite opportunities given and thereby causing delay in the proceedings and obstructing the cause of justice. His affidavit has been filed in court today. The same is taken on record. He has explained the reasons for delay. Noticing the same this court deems it appropriate to condone the lapse of SI Balwinder Crl.Misc.No.M-4381 of 2013 (O&M) -3- Kumar and warns him to be careful in future.
Petition stands allowed.
7.5.2013 (MAHESH GROVER) dss JUDGE