IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-3797 of 2009
Date of Decision: April 16, 2009
Swaran Singh
.....PETITIONER(S)
VERSUS
State of Haryana
.....RESPONDENT(S)
. . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Kamal Jeet Singh Sidhu,
Advocate, for the petitioner.
Mr. Sunil Nehra, Assistant Advocate
General, Haryana
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under
Section 439 Cr.P.C. for bail to the petitioner in
case FIR No.162 dated 19.8.2003, under Section 15 of
Narcotics Drugs & Psychotropic Substances Act, 1985,
with Police Station, Sadar Dabwali, District Sirsa.
Learned counsel for the petitioner has
pointed out that no recovery was effected from the
petitioner. As per the admitted case of the
respondent, the petitioner was not apprehended at
the spot. There is a statement of the co-accused
against the petitioner which cannot be termed as
legal evidence as it leads to no recovery. The
Crl. Misc. No. M-3796 of 2009 [2]
petitioner on his own surrendered on 9.6.2008 and
has been in custody since then.
Learned counsel for the respondent-
State has pointed out that the petitioner was
identified by his co-accused. Only one witness
remains to be examined i.e. Lambardar.
I have considered the contentions of
learned counsel for the parties.
Statement of the Lambardar recorded
under Section 161 Cr.P.C. has been read in Court
which indicates that the Lambardar did not know the
petitioner by name. Only the physical appearance has
been given out. The petitioner has been in custody
since 9.6.2008.
Without commenting on the merits of
the case, this petition is allowed.
Bail to the satisfaction of the Trial
Court.
Heavy surety.
(AJAI LAMBA)
April 16, 2009 JUDGE
avin