Pinkas Kumar @ Pinky Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154544
CourtPunjab and Haryana High Court
Decided OnJul-07-2014
AppellantPinkas Kumar @ Pinky
RespondentState of Punjab
Excerpt:
crm no.m-13609 of20141 in the high court of punjab and haryana at chandigarh crm no.m-13609 of2014decided on : july 07, 2014 pinkas kumar @ pinky ..........petitioner versus state of punjab ........respondent coram : hon'ble mr.justice m.m.s. bedi. present:- mr.yogesh goel, advocate for the petitioner. mr.ankur jain, aag, punjab. m.m.s.bedi, j. for having been found in possession of 200 tablets of parvon spas, 700 tablets of phenotil and 100 bottles of rexco.(100 ml. each).the petitioner has been in custody w.e.f.20.06.2013. counsel for the petitioner has not been able to satisfy this court that having regards to the provisions of section 37 of the ndps act, the petitioner can be granted the concession of bail for having been found in possession of commercial quantity of the salt contained in phenotil but taking into consideration the fact that out of 9 witnesses cited by the prosecution agency none has been examined till date, i deem it appropriate to strike a balance between the right of personal liberty of the petitioner and the right of the prosecution agency for fair trial and dispose of this petition anjal gupta with a direction that the prosecution agency will produce the 2014.07.09 10:37 i attest to the accuracy and integrity of this document high court chandigarh crm no.m-13609 of20142 entire evidence within a period of five months from the next date of hearing and the trial court shall conclude the trial within six months from the next date of hearing. in case the prosecution agency is not able to produce the entire evidence during the period of five months after the next date of hearing fixed before the trial court, the petitioner shall be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial court. (m.m.s.bedi) 07.07.2014 judge anjal anjal gupta 2014.07.09 10:37 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CRM No.M-13609 OF20141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-13609 OF2014DECIDED ON : July 07, 2014 Pinkas Kumar @ Pinky ..........Petitioner VERSUS State of Punjab ........Respondent CORAM : HON'BLE Mr.JUSTICE M.M.S.

BEDI.

PRESENT:- Mr.Yogesh Goel, Advocate for the petitioner.

Mr.Ankur Jain, AAG, Punjab.

M.M.S.BEDI, J.

For having been found in possession of 200 tablets of parvon spas, 700 tablets of phenotil and 100 bottles of RexCo.(100 ml.

each).the petitioner has been in custody w.e.f.20.06.2013.

Counsel for the petitioner has not been able to satisfy this Court that having regards to the provisions of Section 37 of the NDPS Act, the petitioner can be granted the concession of bail for having been found in possession of commercial quantity of the salt contained in Phenotil but taking into consideration the fact that out of 9 witnesses cited by the prosecution agency none has been examined till date, I deem it appropriate to strike a balance between the right of personal liberty of the petitioner and the right of the prosecution agency for fair trial and dispose of this petition Anjal Gupta with a direction that the prosecution agency will produce the 2014.07.09 10:37 I attest to the accuracy and integrity of this document high court chandigarh CRM No.M-13609 OF20142 entire evidence within a period of five months from the next date of hearing and the trial Court shall conclude the trial within six months from the next date of hearing.

In case the prosecution agency is not able to produce the entire evidence during the period of five months after the next date of hearing fixed before the trial Court, the petitioner shall be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court.

(M.M.S.BEDI) 07.07.2014 JUDGE ANJAL Anjal Gupta 2014.07.09 10:37 I attest to the accuracy and integrity of this document high court chandigarh