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Punjab-Haryana High Court
Sumit Makkar vs State Of Punjab on 20 February, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
CRM-M-7742-2024 -1- 2024:PHHC:023908 257 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7742-2024 Decided on : 20.02.2024 Sumit Makkar ...... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. Saksham Malhotra, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab. **** Manjari Nehru Kaul, J.(Oral)
1. This is the second petition filed by the petitioner seeking
concession of regular bail in case FIR No.96 dated 26.04.2022 under
Sections 22, 22(c), 25 and 29 of NDPS Act, 1985 (Sections 22(c)
and 29 added later on) registered at Police Station Jamalpur District
Ludhiana.
2. Learned counsel for the petitioner inter alia contends that
falsity of the prosecution version is evident from the fact that the
alleged recovery of 18100 intoxicant tablets containing salt Tramadol
hydrochloride and Alphrasafe containing salt Alprazolam and 14100
intoxicant capsules containing salt Paracetamol diclomine
hydrochloride (totalling 32200) were effected from the room, which
was neither owned by the petitioner nor had been rented out to him.
SONIA BURA
2024.02.21 14:41
I attest to the accuracy and
integrity of this document
CRM-M-7742-2024 -2-
2024:PHHC:023908
Learned counsel has submitted that after the petitioner was arrested
on 26.04.2022, challan was presented on 15.10.2022, however, till
date only two prosecution witnesses had been examined and that
too only partially. Hence, there was no likelihood of the trial
concluding in the near future. It has also been submitted that the
petitioner has clean antecedents as he is not involved in any other
criminal case much less under the NDPS Act.
3. Per contra, learned State counsel while opposing the prayer
made by learned counsel for the petitioner, on instructions from ASI
Madan Lal, has however disputed the submissions made by the
counsel opposite and submitted that the statement of the landlord of
the room had been recorded during investigation wherein he had
categorically stated that the room in question from where alleged
recovery was effected had been rented out to all the accused including
the petitioner for which they were paying Rs.3,200/- per month as rent.
Learned State counsel has further submitted that a specific secret
information was received with respect to the involvement of all the
accused including the petitioner in the crime in question and it was only
thereafter and that too after complying the mandatory provisions of
NDPS Act, the raid was conducted by the police and the petitioner was
apprehended at the spot. Learned State counsel has further submitted
that after the charges were framed on 18.08.2023, trial had been
proceeding at a considerably good pace as two prosecution witnesses
had since been examined and the next date of hearing fixed before the
SONIA BURA
2024.02.21 14:41
I attest to the accuracy and
integrity of this document
CRM-M-7742-2024 -3-
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trial Court is 06.03.2024 when some more prosecution witnesses are
likely to be examined.
4. I have heard learned counsel for the parties and perused
the material placed on record.
5. Prima facie, there are serious and specific allegations
against the petitioner coupled with the fact that the recovery of the
contraband effected from him in the present case is huge, which is much
higher than the minimum classified as commercial quantity.
6. In the facts and circumstances as enumerated hereinabove,
this Court does not deem it fit to extend the concession of regular bail
to the petitioner. Accordingly, the instant petition stands dismissed.
7. However, it is made clear that anything observed
hereinabove shall not be construed to be an expression of opinion on
the merits of the case.
20.02.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned: Yes/No Whether reportable : Yes/No SONIA BURA 2024.02.21 14:41 I attest to the accuracy and integrity of this document