Gurdeep Singh @ Baba Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1071988
CourtPunjab and Haryana High Court
Decided OnSep-02-2013
AppellantGurdeep Singh @ Baba
RespondentState of Punjab
Excerpt:
crm not m-26174 of 2013 -1- in the high court of punjab and haryana at chandigarh crm not m-26174 of 2013 date of decision: - 02.09.2013 gurdeep singh @ baba .....petitioner versus state of punjab .....respondent coram: hon'ble mr.justice mehinder singh sullar present: mr.d.s.pheruman, advocate, for the petitioner. mr.r.p.s.sidhu, assistant advocate general, punjab for the state. **** mehinder singh sullar , j.(oral) petitioner-gurdeep singh @ baba son of ram singh, has preferred the instant petition for the grant of regular bail in a case registered against him, vide fir no.114 dated 27.12.2012, on accusation of having committed offences punishable under sections 21 and 22 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter to be referred as 'the ndps act').by the police of police station tarsika, district amritsar, invoking the provisions of sections 439, 167 cr.p.c.and 36(4) of the ndps act.”2. notice of the petition was issued to the state.”3. after hearing the learned counsel for the parties, going kumar naresh 2013.09.03 13:58 i attest to the accuracy and integrity of this document chandigarh crm not m-26174 of 2013 -2- through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.”4. what cannot possibly be disputed here is that the petitioner was arrested in the present case on 27.12.2012 and remanded to custody on 28.12.2012. the prosecution did not submit the final police report (challan).within the statutory period of 180 days. thereafter, the petitioner moved an application for bail on 26.06.2013. undisputedly, the police has submitted the final police report (challan) on 01.07.2013 in the present case. meaning thereby, since the prosecution has not submitted the final police report (challan).within the statutory period, so, the petitioner is entitled to regular bail, under the provisions of sections 439, 167(2) cr.p.c.and 36(4) of the ndps act, in view of the ratio of law laid down by the apex court in case sayed mohd. ahmed kazmi versus state, gnctd and others.2012 (4) rcr (criminal) 875.”5. in the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the cours.of trial of main case, the instant petition for regular bail is hereby accepted. the petitioner is ordered to be released on bail on his filing specific affidavit that he will not indulge in such illegal activities in future and on furnishing adequate bail and surety bonds to the satisfaction of the trial court. kumar naresh 2013.09.03 13:58 i attest to the accuracy and integrity of this document chandigarh crm not m-26174 of 2013 -3- needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. at the same time, it is made clear that if the petitioner was found to be indulged in such illegal activities in future, his bail, bail bond and surety bonds would automatically be deemed to have been cancelled in this regard. september 02, 2013 (mehinder singh sullar) naresh.k judge kumar naresh 2013.09.03 13:58 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM not M-26174 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM not M-26174 of 2013 Date of Decision: - 02.09.2013 Gurdeep Singh @ Baba .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE Mr.JUSTICE MEHINDER SINGH SULLAR Present: Mr.D.S.Pheruman, Advocate, for the petitioner.

Mr.R.P.S.Sidhu, Assistant Advocate General, Punjab for the State.

**** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Gurdeep Singh @ Baba son of Ram Singh, has preferred the instant petition for the grant of regular bail in a case registered against him, vide FIR No.114 dated 27.12.2012, on accusation of having committed offences punishable under Sections 21 and 22 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act').by the police of Police Station Tarsika, District Amritsar, invoking the provisions of Sections 439, 167 Cr.P.C.and 36(4) of the NDPS Act.”

2. Notice of the petition was issued to the State.”

3. After hearing the learned counsel for the parties, going Kumar Naresh 2013.09.03 13:58 I attest to the accuracy and integrity of this document Chandigarh CRM not M-26174 of 2013 -2- through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.”

4. What cannot possibly be disputed here is that the petitioner was arrested in the present case on 27.12.2012 and remanded to custody on 28.12.2012.

The prosecution did not submit the final police report (challan).within the statutory period of 180 days.

Thereafter, the petitioner moved an application for bail on 26.06.2013.

Undisputedly, the police has submitted the final police report (challan) on 01.07.2013 in the present case.

Meaning thereby, since the prosecution has not submitted the final police report (challan).within the statutory period, so, the petitioner is entitled to regular bail, under the provisions of Sections 439, 167(2) Cr.P.C.and 36(4) of the NDPS Act, in view of the ratio of law laid down by the Apex Court in case Sayed Mohd.

Ahmed Kazmi Versus State, GNCTD and otheRs.2012 (4) RCR (Criminal) 875.”

5. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the couRs.of trial of main case, the instant petition for regular bail is hereby accepted.

The petitioner is ordered to be released on bail on his filing specific affidavit that he will not indulge in such illegal activities in future and on furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

Kumar Naresh 2013.09.03 13:58 I attest to the accuracy and integrity of this document Chandigarh CRM not M-26174 of 2013 -3- Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.

At the same time, it is made clear that if the petitioner was found to be indulged in such illegal activities in future, his bail, bail bond and surety bonds would automatically be deemed to have been cancelled in this regard.

September 02, 2013 (MEHINDER SINGH SULLAR) naresh.k JUDGE Kumar Naresh 2013.09.03 13:58 I attest to the accuracy and integrity of this document Chandigarh