Kuldeep Singh Alias Kadu vs State Of Punjab on 23 February, 2022
The Coordinate Bench of this Court in Binder Kaur @
Goga's case (Supra), had held as under:-
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Binder Kaur Alias Goga vs State Of Punjab on 6 February, 2020
Simerjit Kaur vs State Of Punjab And Others on 18 April, 2022
In the said regard, learned senior
counsel has submitted that it is highly unlikely for a person who
has to carry the contraband, to carry the same in a transparent
polythene bag and with respect to the same, learned senior counsel
has relied upon various orders passed by coordinate Benches of
this Court i.e. order dated 02.08.2021 passed in CRM-M-4408-
2021 titled as "Banti Kaur @ Bhanti Kaur Vs. State of Punjab,
Binder Kaur @ Goga Vs. State of Punjab reported as 2021(3)
RCR (Criminal) 360, Jaskaran Singh @ Jassu Vs. State of
Punjab, reported as 2021(2) RCR (Criminal) 837, order dated
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28.02.2020 passed in CRM-M-8026-2020 titled as Lakhwinder
Singh @ Lakha Vs. State of Punjab.
Munish Kumar vs State Of Punjab on 15 February, 2022
The Coordinate Bench of this Court in Binder Kaur @
Goga's case (Supra), had held as under:-
Aakash vs State Of Haryana on 5 August, 2022
Coordinate Bench of this Court in Binder Kaur @ Goga's case
(supra), had held as under:-
Harpreet Singh Alias Happy vs State Of Punjab on 16 August, 2022
Learned counsel for the petitioner has submitted that the
petitioner was arrested on 24.01.2019 and was thereafter granted interim
bail on 16.03.2019 and was released on bail on 18.03.2019 and thereafter,
interim bail was cancelled on 06.08.2019 and since then, he has been in
custody and thus, his total custody is more than one year and two months.
It is further submitted that the petitioner is not involved in any other case
and there are 7 prosecution witnesses, out of whom, only one has been
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examined, thus, the trial is likely to take time. It is also submitted that
there are several arguable points in favour of the petitioner including the
fact that even as per the case of the prosecution, the alleged recovery has
been effected from a transparent polythene bag, which the petitioner is
stated to have thrown in the shrubs and the said recovery has been made
from the ground after the same had been picked up by the police officials
and with respect to the same, learned counsel has relied upon various
orders passed by coordinate Benches of this Court i.e., order dated
02.08.2021 passed in CRM-M-4408-2021 titled as "Banti Kaur @
Bhanti Kaur Vs. State of Punjab, Binder Kaur @ Goga Vs. State of
Punjab reported as 2021(3) RCR (Criminal) 360, Jaskaran Singh @
Jassu Vs. State of Punjab, reported as 2021(2) RCR (Criminal) 837 and
order dated 28.02.2020 passed in CRM-M-8026-2020 titled as
Lakhwinder Singh @ Lakha Vs. State of Punjab, to contend that it is
highly unlikely that a person engaged in the business of drug smuggling,
will carry the contraband in a transparent bag.
Ajay Kumar@Kaka vs State Of Punjab on 23 August, 2022
Learned counsel for the petitioner has submitted that the
petitioner is in custody since 24.03.2021 (1 year, 4 months and 29 days) and
in the present case, there are 10 witnesses out of which, only 2 witnesses
have been examined and thus, the conclusion of trial is likely to take a long
time. It is further submitted that a perusal of the FIR would show that as per
the prosecution case, the present case was a chance recovery and the
petitioner was stated to be holding a white coloured "transparent polythene
bag". It is argued that it has been repeatedly held by Coordinate Benches of
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this Court that it is highly unlikely for a person who has to carry contraband,
to carry the same in a transparent polythene bag and on the basis of the said
point alone, the Coordinate Benches of this Court have granted the
concession of bail to the accused persons in such cases. Reference has been
made to the various orders passed by the Coordinate Benches of this Court
i.e. order dated 02.08.2021 passed in CRM-M-4408-2021 titled Banti Kaur
@ Bhanti Kaur Vs. State of Punjab, Binder Kaur @ Goga Vs. State of
Punjab reported as 2021(3) RCR (Criminal) 360, Jaskaran Singh @ Jassu
Vs. State of Punjab, reported as 2021(2) RCR (Criminal) 837, order dated
28.02.2020 passed in CRM-M-8026-2020 titled as Lakhwinder Singh @
Lakha Vs. State of Punjab.
Lakhvir Singh @ Lakha vs State Of Punjab on 22 August, 2022
Learned counsel for the petitioner has submitted that the
petitioner has been in custody since 27.05.2019 and there are total 12
prosecution witnesses, none of whom have been examined, thus, the trial
is likely to take time. It is submitted that co-accused of the petitioner,
namely, Baljad Singh @ Jaadi, whose case is on a similar footing as that
of the petitioner, has already been granted the concession of regular bail
by a Co-ordinate Bench of this Court, vide order dated 08.02.2022,
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passed in CRM-M-52611-2019. It is also submitted that the recovery in
the present case is from a transparent polythene bag and has relied upon
various orders passed by the Coordinate Benches of this Court i.e. order
dated 02.08.2021 passed in CRM-M-4408-2021 titled Banti Kaur @
Bhanti Kaur Vs. State of Punjab, Binder Kaur @ Goga Vs. State of
Punjab reported as 2021(3) RCR (Criminal) 360, Jaskaran Singh @
Jassu Vs. State of Punjab, reported as 2021(2) RCR (Criminal) 837,
order dated 28.02.2020 passed in CRM-M-8026-2020 titled as
Lakhwinder Singh @ Lakha Vs. State of Punjab.
Ravinder Singh @ Mitha vs State Of Punjab on 31 August, 2022
4. Be that as it may, without prejudice to the merits of the
submission raised on behalf of the petitioner, but considering
that he is admittedly not involved in any other case under the
NDPS Act, and also considering that he has remained in
detention well above 05 months since 14.12.2019, at this stage,
the petitioner may be released on regular bail to the satisfaction
of the Ld. Trial Court/Duty Magistrate, concerned subject to
imposition of appropriate terms and conditions."
The coordinate Bench of this Court in Binder Kaur @ Goga's case
(supra), had held as under:-
Pawan Kumar vs State Of Punjab on 31 August, 2022
Learned counsel for the petitioner has submitted that the
petitioner has been in custody since 25.03.2022 and the challan has
already been presented and there are total 22 prosecution witnesses, none
of whom have been examined, thus, the trial is likely to take time and the
petitioner is not involved in any other case. It is argued that a perusal of
the FIR would show that as per the case of the prosecution, three persons
were riding on a motorcycle and the present petitioner was alleged to
have been sitting on the rear seat and the person sitting in the middle i.e.,
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Dimple, was holding a transparent polythene carry bag in which
intoxicant tablets in a box were visible. It is further submitted that it is not
the petitioner, who was holding the said bag and it is highly unlikely for a
person who has to carry contraband to carry the same in a transparent
polythene bag and on the said aspect, has relied upon various orders
passed by the Coordinate Benches of this Court i.e. order dated
02.08.2021 passed in CRM-M-4408-2021 titled Banti Kaur @ Bhanti
Kaur Vs. State of Punjab, Binder Kaur @ Goga Vs. State of Punjab
reported as 2021(3) RCR (Criminal) 360, Jaskaran Singh @ Jassu Vs.
State of Punjab, reported as 2021(2) RCR (Criminal) 837, order dated
28.02.2020 passed in CRM-M-8026-2020 titled as Lakhwinder Singh @
Lakha Vs. State of Punjab.
Jaswant Singh @ Nanni vs State Of Punjab on 13 September, 2022
Coordinate Bench of this Court in Binder Kaur @ Goga's case
(Supra), had held as under:-