High Court Punjab-Haryana High Court

Gurjant Singh @ Banty vs State Of Punjab on 31 March, 2009

Punjab-Haryana High Court
Gurjant Singh @ Banty vs State Of Punjab on 31 March, 2009
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                Crl. Misc No. M-30044 of 2008
                                Date of decision : 31.03.2009


Gurjant Singh @ Banty
                                                          ....Petitioner

                                       V/s


State of Punjab
                                                          ....Respondent.

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Ajay Pal Singh, Advocate
for the petitioner.

Mr. Shailesh Gupta, DAG Punjab.

RAJAN GUPTA J. (ORAL)

This is a petition for grant of bail registered against the

petitioner under Section 15/61/85 of N.D.P.S. Act vide FIR No. 140 dated

01.08.2007 at police station Dirba, district Sangrur.

Counsel for the petitioner has submitted that co-accused have

been acquitted by Special Court, Sangrur vide judgment dated 29.05.2008

(annexure P-1 to the petition) and the petitioner is in custody since

01.09.2008. According to the counsel, no useful purpose would be served

by keeping the petitioner in custody during the pendency of the trial.

Learned counsel for the State has however, opposed the bail on

the ground that the petitioner surrendered himself only after his co-accused

were acquitted in the case. According to the counsel the petitioner is not

entitled to concession of bail as Section 37 of the NDPS Act is attracted to

this case.

Keeping in the view the facts and circumstances of the case, I

am of the considered view that petitioner is not entitled to bail pending trial
Crl. Misc No. M-30044 of 2008 -2-

as Section 37 of the NDPS would stand in his way. This apart, petitioner

was declared a proclaimed offender and thus there is no merit in the prayer

for grant of bail to the petitioner at this stage.

However, since the co-accused have been acquitted in the FIR

in question, it is directed that trial court shall endeavor to conclude the trial

expeditiously.

31.03.2009                                                 (RAJAN GUPTA)
Ajay                                                          JUDGE