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Gurpreet Singh @ Goppi @ Zarila vs State of Punjb

Punjab And Haryana At Chandigarh · Decided on 10 July 2017 · Citation: (2017) 07 P&H CK 0012

HON’BLE JUDGES
Dr. Shekher Dhawan
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-439>Section 439</a> - Special powers of High Court or Court of Session regarding bail · <a href=2358>Narcotic Drugs and Psychotropic Substances Act, 1985</a>, <a href=2358 — Sections 2
RESULT
Allowed
CASE NUMBER
22195 of 2017
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Judgment

20 paragraphs · 229 words
1.

The present petition has been filed under Section 439 Cr.P.C. for

grant of regular bail to the petitioner in case FIR No. 245 dated 4.10.2014 under

Sections 22 of NDPS Act, registered at Police Station Shahkot, District Jalandhar

City.

2.

Learned counsel for the petitioner contended that the petitioner has

been falsely implicated in this case though he was not apprehended on the spot

nor he was present on the spot nor any recovery was effected from his possession.

His name has just been added on the statement of Major Singh, who is otherwise

inimical to him. He is in custody since 17.1.2015, so he may be released on bail.

3.

Learned State counsel, on instructions from ASI Amarjit Masih, PS

Shahkot, conceded that no recovery was effected from the petitioner nor he was

present on the spot. His name has just cropped up on the statement of Major

Singh, co-accused.

4.

Having considered the submissions made by learned counsel for the

parties and the fact that the petitioner is in custody since 17.1.2015 and no

recovery was effected from him; decision of the case still to take some time; no

useful purpose will be served by keeping the petitioner in custody, therefore, he is

ordered to be released on bail on his furnishing bail/surety bonds to the

satisfaction of CJM/Area Magistrate, Jalandhar.

5.

The petition is allowed.