Thomas vs State Of Punjab - 2024 Supreme(P&H) 1777

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1777

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMAN CHAUDHARY
Thomas – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Jashandeep S. Sandhu, Advocate
For the Respondent: Mr. Manipal Singh Atwal, DAG, Punjab

JUDGMENT :

Aman Chaudhary, J. (Oral)

Prayer in the present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.63 dated 05.05.2022 registered under Sections 21 and 22 of NDPS Act, at Police Station Makhu, District Ferozepur.

2. Learned counsel contends that the petitioner is in custody for last 2 years and more than 2 months. He has been falsely implicated in the case. No independent witness has been joined at the time of recovery. There is non-compliance of mandatory provisions of Sections 50 and 52 of NDPS Act. Challan was presented on 01.11.2022, however, charges have not been framed so far. He is involved in four cases, out of which two were regarding small quantity and sentence stands undergone, whereas in the other two, he is on bail. Reliance is placed on the judgment of Hon'ble the Supreme Court in Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.

3. The custody certificate dated 29.07.2024, filed by learned State counsel is taken on record, as per which, the petitioner is behind bars for 2 years, 2 months and 20 days.

4. Learned State counsel opposes the bail on the ground that commercial quantity of contraba

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