IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No.21111-M of 2009
DATE OF DECISION : OCTOBER 7, 2009
SACHIN VERMANI
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Sandeep Kotla, Advocate, for the petitioner(s).
Mr. BS Chahal, DAG, Punjab.
AJAI LAMBA, J. (Oral)
This second petition under Section 439, Code of Criminal
Procedure, has been filed on behalf of the petitioner for bail in FIR No.112
dated 21.7.2008 under Section 15 of the Narcotic Drugs and Psychotropic
Substances Act, 1985, Police Station, Ropar, District Rupnagar.
Learned counsel for the petitioner contends that while dealing
with the earlier petition for bail, this Court had requested the trial Court to
conclude the trial expeditiously, and preferably within 6 months.
It has further been contended that, admittedly, the poppy husk
Criminal Misc. No.21111-M of 2009 2
was weighed with the bags. The quantity of poppy husk would be less
than 50 kilograms if the margin is given for the weight of the bags. The
total recovery, including bags, is stated to be 54 kilograms.
It has further been pointed out that conclusion of trial is likely
to take a long time. The petitioner has already been in custody for more
than one year.
I have considered the issue.
It is not in dispute that the contraband was weighed along
with the bags. It is further not in dispute that the case is required to be
transferred from the court which had earlier handled the matter, in view of
the fact that the Presiding Officer was a witness in the case.
Learned counsel for the respondent-State, on instructions
from ASI Sukhjinder Singh, has informed the Court that the matter has not
been assigned to any court till now. Learned counsel for the respondent-
State further states that the petitioner is not involved in any other case
under the Narcotic Drugs and Psychotropic Substances Act.
Considering the totality of facts and circumstances of the case
and without commenting on the merits, this petition is allowed.
Bail to the satisfaction of Chief Judicial Magistrate,
Rupnagar.
Heavy surety.
October 7, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?