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