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2019 Supreme(P&H) 1614

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Ajay Tewari
CRM-M No. 23285 of 2019
Sandeep Singh @ Sonu
v.
State of Punjab
{Decided on 27/05/2019}

Advocates Appeaerd:Mr. M.S. Saini, Advocate for the petitioner.
Mr. Pawan Sharda, Sr. DAG Punjab.

Headnote:

Narcotic Drugs and Psychotropic Substances Act, 1985, S.22--Bail--NDPS--Commercial Quantity--Recovery of 5.5 grams of Diphenoxylate which is marginally above commercial quantity and petitioner had earlier jumped bail also--Without commenting on merits bail granted--Trial Court directed to impose heavy surety--Criminal Procedure Code, 1973, S.439.

JUDGMENT

Mr. Ajay Tewari, J. (Oral):- The petitioner seeks grant of regular bail in case FIR No.0092, dated 18.7.2014, registered under Sections 22/61/85 of the NDPS Act, at Police Station Bhogpur, District Jalandhar.

2. Counsel for the petitioner has argued that the recovery was marginally above the commercial quantity being 55 grams of Diphenoxylate.

3. Learned Sr. DAG Punjab, on instructions from HC Hardeep Singh, points out that the petitioner had jumped bail on 27.9.2016 and he could only be arrested on 12.10.2018. Counsel for the petitioner states that even if that may be so, at this time higher surety may be imposed and the petitioner shall not misuse the concession of bail.

4. In these circumstances, without commenting upon the merits of the case, and keeping in view the period of custody already suffered by the petitioner, I do not deem it appropriate to deny the concession of regular bail to the petitioner. The trial Court is directed to impose heavy surety while granting bail to the petitioner.

5. Bail to the satisfaction of the trial Court/Duty Magistrate.

6. Petition stands disposed of.

7. Since the main case has been decided, the pending C.Ms, if any, also stand disposed of.

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