LAWS(P&H)-2023-5-93

HARWINDER SINGHHINDA Vs. STATE OF PUNJAB

Decided On May 05, 2023
Harwinder Singhhinda Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By way of present petition filed under Sec. 439 CrPC, prayer has been made for grant of bail pending trial in case FIR No.152 dtd. 7/11/2021 registered under Ss. 22, 61 and 85 of NDPS Act, P.S. Bassi Pathana, District Fatehgarh Sahib.

(2.) In the present case, the allegations against petitioner are of alleged recovery of green colour plastic bag containing 1100 intoxicants loose capsules and intoxicants tablets of Tramadol Hydrochloride 100 mg total 10 strips i.e. 100 tablets.

(3.) Learned counsel for petitioner submits that the petitioner was arrested in the aforementioned FIR on 7/11/2021 and thereafter granted interim bail vide order dtd. 1/2/2022, awaiting the report of FSL, however, the petitioner failed to appear before trial Court and was thereafter again arrested on 9/9/2022 and since then he is behind the bars. Learned counsel also submits that challan in the present case was filed way back on 8/8/2022, however, charges have not even been framed and the trial is thus, likely to take some time. He further submits that the FSL report shows that only 10 loose capsules of green colour were sent for the chemical examination and thus, it cannot be presumed that the entire quantity of 1100 loose capsules were containing intoxicants of similar nature. In this regard, learned counsel places reliance on the judgments passed by this Court in CRM-M-41434-2019 titled as "Roopa Rani Vs. State of Punjab" 2020(1) Law Herald (P&H) 507 and Crl. Appeal No.556-DBA of 1999 titled as "State of Punjab Vs. Dharam Singh" 2010 (3) RCR (Criminal) 94.