Research › Search › Judgment

Punjab High Court · body

2013 DIGILAW 604 (PNJ)

Surender Kumar v. State of Haryana

2013-05-08

Paramjeet Singh

body2013
JUDGMENT Mr. Paramjeet Singh, J. (Oral):- Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in a case arising from FIR No.126 dated 09.10.2012, registered at Police Station Radaur, District Yamuna Nagar, under Section 21/61/85 of the Narcotic Drugs and Psychotropic Substances Act. 2. On 12.02.2013, following order was passed by this Court: “Learned counsel for the petitioner contends that keeping in view the quantity of smack (narcotic substance) i.e. 56 grams allegedly recovered from the petitioner, it can be presumed that the petitioner is not a smuggler or peddler, he, at the most, can be an addict. Keeping in view the above and in view of case titled Gurjit Singh vs. State of Punjab, [2013(1) Law Herald (P&H) 168] : 2012(3) RCR(Criminal) 969, this Court deems it appropriate to refer the petitioner to a de-addiction centre for carrying out his urine or blood test in respect to his addiction. Ordered accordingly. The said test shall be carried out within 15 days of the receipt of copy of this order. If the petitioner is found to be an addict, he should be sent to de-addiction centre for treatment and the doctor(s) attending on him, shall send a report to this Court. Adjourned to 25.3.2013.” 3. In pursuance to aforesaid order, medical report of the petitioner from Additional Sessions Judge, Yamuna Nagar at Jagadhri has been received. As per the said report, the Board has opined that there is no test available in the institute which can detect the consumption of drug after five months. Mr. Surender (petitioner) does not manifest any clinical signs of drug dependence at present and he does not require any treatment/hospitalization in deaddiction centre. 4. Learned counsel for the petitioner contends that challan has been presented in trial Court and the petitioner is behind bars since October, 2012. 5. Taking into consideration the facts and circumstances of the case and the fact that trial would not be concluded in near future and also the report of the Board, the petitioner can be granted concession of bail. 6. Without expressing any opinion on merits of the case, the petition is allowed. Petitioner is ordered to be released on bail, on his furnishing bail bonds/surety bonds, to the satisfaction of trial Court/Duty Magistrate, Yamuna Nagar at Jagadhri. ---------0.B.S.0------------