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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alka Sarin, J.
Buta Singh - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 47526 of 2021
Decided On : 07-02-2022
Narcotic Drugs and Psychotropic Substances Act, 1985 - Regular Bail - Clean Antecedents
Fact of the Case:
The petitioner filed a second petition for grant of regular bail under Section 439 of the Code of Criminal Procedure, 1973 in a case registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner had been in custody for over a year and only one witness had been examined since the framing of the charges.
Finding of the Court:
The court, without commenting on the merits of the case, granted the concession of regular bail to the petitioner, considering the fact that the petitioner was a first-time offender, had clean antecedents, and had been in custody for over a year with minimal progress in the case.
Issues: Regular bail under Section 439 of the Code of Criminal Procedure, 1973 in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Ratio Decidendi: The court considered the petitioner's clean antecedents, minimal progress in the case, and the fact that the petitioner was a first-time offender in granting the concession of regular bail.
Final Decision: The petitioner was granted regular bail, subject to furnishing bail bonds/surety bonds, with the prosecution retaining the right to apply for cancellation of bail if the petitioner misused the concession.
JUDGMENT
Alka Sarin, J. (Oral) - Heard through video conferencing.
2. This is the second petition filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.57 dated 20.06.2020 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Zira, District Ferozepur.
3. Learned counsel for the petitioner would contend that the first petition being CRM-M-21044-2021 was dismissed vide order dated 02.06.2021. Learned counsel for the petitioner would further contend that since the passing of order dated 02.06.2021, only one witness has been examined. Learned counsel for the petitioner has contended that the petitioner has absolutely clean antecedents and there is no other case pending against him.
Notice of motion.
4. On the asking of the Court, Mr. H.S. Multani, AAG Punjab, who has joined the session through video conferencing, accepts notice on behalf of the respondent-State. He, on instructions from ASI Ban Singh and on the basis of custody certificate, has stated that the petitioner has been in custody for the last 1 year 4 months and 9 days. There is no other case pending against him. It has further been contended that the petitioner was apprehended at the spot with 1100 tablets of Tramadol 100 SR containing salt 'Tramadol Hydrochloride' total weight of which comes to 448.67 gms., which falls under the category of commercial quantity. He is, however, not in a position to deny the fact that since the framing of the charges against the petitioner in 2020, till date, only one witness has been examined. I have heard learned counsel for the parties.
6. Without commenting upon the merits of the case and keeping in view the fact that the petitioner is a first time offender and has been in custody for the last 1 year 4 months and 9 days and also the fact that since 2020 after the framing of the charge only one witness has been examined, I deem this to be a fit case to grant the concession of regular bail to the petitioner. The petitioner is directed to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate/Trial Court concerned.
7. However, the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.
8. It is also made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case.
Disposed off.
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