High Court Punjab-Haryana High Court

Bhagwant Singh vs State Of Punjab on 10 November, 2009

Punjab-Haryana High Court
Bhagwant Singh vs State Of Punjab on 10 November, 2009
Crl. Misc No. M-15918 of 2009                                            1


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                Crl. Misc No. M-15918 of 2009
                                Date of decision : 10.11.2009

Bhagwant Singh
                                                        ....Petitioner

                                     V/s

State of Punjab
                                                        ....Respondent

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Inderjit Sharma, Advocate
for the petitioner.

Mr. Shailesh Gupta, DAG Punjab.

RAJAN GUPTA J. (ORAL)

This is a petition under Section 439 Cr.P.C. seeking pre-arrest

bail to the petitioner in a case registered vide FIR No. 139 dated 12.09.2008

under Sections 15/25/61/85 of the NDPS Act at Police Station Nahianwala,

District Bathinda.

Learned counsel for the petitioner has argued that petitioner has

been in custody for the last one year and trial has not been concluded till

now. According to the counsel, trial is likely to take some time to conclude,

no useful purpose would be served by detaining the petitioner in custody

during the pendency of the trial.

Learned counsel for the State has, however, opposed the prayer

for grant of bail on the ground that contraband recovered from the petitioner

is 80 kgs of poppy husk which is a commercial quantity. Learned counsel

further submits that out of 10 prosecution witnesses, 05 have already been
Crl. Misc No. M-15918 of 2009 2

examined and next date for recording of prosecution evidence is

20.11.2009.

Keeping in view the fact that contraband recovered from the

petitioner is commercial in nature, therefore, Section 37 of the Act would be

attracted to the present case. Even otherwise, trial is proceeding at a fairly

fast pace. Thus, no ground is made out to enlarge the petitioner on bail at

this stage.

Dismissed.

10.11.2009                                         (RAJAN GUPTA)
Ajay                                                   JUDGE