Darshan Singh vs State Of Punjab on 3 April, 2018

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Punjab-Haryana High Court

Darshan Singh vs State Of Punjab on 3 April, 2018

Bench: Mahabir Singh Sindhu

CRM-M-11195-2018                                                             -1-




           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                 CRM-M-11195-2018
                                 Date of decision:3.4.2018

Darshan Singh

                                                                  .....Petitioner

                          Versus


State of Punjab

                                                                .....Respondent

                          ****

CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

                          ****
Present:     Mr. A.S. Barnala, Advocate
             for the petitioner.

             Mr. Amitoj Singh Dhaliwal, DAG, Punjab
             for the sole respondent.

                          ****

MAHABIR SINGH SINDHU, J. (ORAL)

This petition has been filed by the petitioner under Section 439 of the Criminal Procedure Code ('Cr.P.C.' - for short) for grant of regular bail in case FIR No.328 dated 16.10.2016 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' - for short) registered at Police Station City Barnala, District Barnala.

It is contended by learned counsel for the petitioner that as per allegations of the prosecution, the petitioner was found in possession of 6800 intoxicant tables of Alprax and Tradol on 16.10.2016 and he is not disputing the recovery, but his contention is that since the petitioner is 1 of 3 ::: Downloaded on - 09-04-2018 22:06:40 ::: CRM-M-11195-2018 -2- 70 years of age and practising as Homeopathic Practitioner under the Homeopathic Practitioners Act, 1965 ("Act of 1965" - for short), and appended the certificate of registration issued by Council of Homeopathic System of Medicine, Punjab under the Act of 1965 (P-3). It is further contended that the petitioner is very old aged sick man and he cannot even move at his own.

Learned State counsel has opposed the contention of learned counsel for the petitioner and prayed for dismissal of the bail application.

Heard both sides.

Perusal of paper-book reveals that regarding health condition of the petitioner, report was called by learned Special Court form the office of Superintendent, District Jail, Barnala, wherein it was found that the petitioner is suffering from various ailments and he cannot walk without the help of walker and there is no indoor hospital or regular doctor in the jail and reference can be made to order dated 6.12.2016 (P-

5).

In this case charges were framed on 6.3.2018 as stated by learned State counsel and prior thereto, the petitioner was on interim bail till receipt of FSL Report in terms of order dated 6.12.2016 and he never misused the concession of bail. Whether the petitioner is entitled for possession of alleged tablets being Homeopathic Practitioner or not, is debatable issue? The conclusion of trial is likely to take a long time and as such in view of poor health condition, no useful purpose would be served by keeping the petitioner behind the bars any more. Therefore, in 2 of 3 ::: Downloaded on - 09-04-2018 22:06:41 ::: CRM-M-11195-2018 -3- view of the abovesaid circumstances, without expressing any opinion on the merits of the case, this petition is accepted. Petitioner-Darshan Singh be admitted to bail on his furnishing bail bond and surety bond to the satisfaction of the learned trial Court.

( MAHABIR SINGH SINDHU) 3.4.2018 JUDGE Gaurav Sorot

1. Whether reportable? Yes

2. Whether reasoned / speaking? Yes 3 of 3 ::: Downloaded on - 09-04-2018 22:06:41 :::

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Punjab-Haryana High Court