In support of his contentions,
learned counsel for the petitioner placed reliance on the judgment of the
Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of
Gujarat, 2003(1) R.C.R. (Criminal) 380 and the judgments of this Court
in Harpreet Singh v. State of Punjab, 2006(4) R.C.R. (Criminal) 719
and Kulwant Singh v. State of Haryana, (2008) 1 R.C.R. (Criminal)
828(2).
In
support of his contentions, learned counsel for the appellant placed
reliance on the judgment of the Hon'ble Supreme Court in Sunderbhai
Ambalal Desai v. State of Gujarat, 2003(1) R.C.R. (Criminal) 380 and
RAVINDER SINGH2015.03.24 16:45I attest to the accuracy andauthenticity of this document -3-
CRA-S-114-SB-2015
the judgments of this Court in Harpreet Singh v. State of Punjab, 2006
(4) R.C.R. (Criminal) 719 and Kulwant Singh v. State of Haryana,
(2008) 1 R.C.R. (Criminal) 828(2).
Even otherwise, this Court in case
"Harpreet Singh v. State of Punjab", 2006 (4) RCR (Crl.) 719
(P&H) allowed the prayer of the accused-petitioner therein for
releasing the vehicle on sapurdari under the provisions of the NDPS
Act.
Learned counsel for the petitioner submits that there is non-
compliance of mandatory provisions of Sections 42 and 50 of the NDPS
Act. The alleged recovery of currency notes of `11,50,000/- has wrongly
been planted upon him. Earlier also, the conduct of the Investigating
Officer was doubted in judgment dated 19.08.2015 passed by this Court in
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Criminal Appeal No.S-3308-SB of 2014 in case titled Harpreet Singh Vs.
State of Punjab. Learned counsel also submits that at present, there is no
case pending against the petitioner as in one case of NDPS Act, he has
undergone the sentence which was only for two months. He is in custody
for the last more than two years and four months. Trial may take some time
to conclude and no purpose would be served by keeping him in custody.