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CHANDIGARH: When more than one accused are found together carrying contraband, the quantity found on all of them cannot be added to bring it to commercial level, the Punjab and Haryana high court said on Wednesday, reports Ajay Sura.
Justice Vikas Bahl passed these orders while allowing a plea filed by Sandeep Singh, seeking regular bail in a drug case registered against him on October 21, 2021, at Police Station City-1 of Punjab’s Mansa.
“The question as to whether the recovery from the present petitioner is to be clubbed with the recovery made from the other persons when all the said three persons were walking would be finally adjudicated at the time of trial, but the aspect raises a strong arguable point in favour of the petitioner, entitling him to the concession of regular bail,” the HC held.
The HC observed that the petitioner has been in custody since October 21, 2021, and investigation is complete and challan has been presented, and out of 17 prosecution witnesses, none has been examined yet, thus, the conclusion of trial is likely to take time.
Further relying on some judgments of the coordinated bench, Justice Bahl reiterated that in a case where separate recoveries have been made from two persons of two different quantities while walking, both cannot be clubbed together.
Justice Vikas Bahl passed these orders while allowing a plea filed by Sandeep Singh, seeking regular bail in a drug case registered against him on October 21, 2021, at Police Station City-1 of Punjab’s Mansa.
“The question as to whether the recovery from the present petitioner is to be clubbed with the recovery made from the other persons when all the said three persons were walking would be finally adjudicated at the time of trial, but the aspect raises a strong arguable point in favour of the petitioner, entitling him to the concession of regular bail,” the HC held.
The HC observed that the petitioner has been in custody since October 21, 2021, and investigation is complete and challan has been presented, and out of 17 prosecution witnesses, none has been examined yet, thus, the conclusion of trial is likely to take time.
Further relying on some judgments of the coordinated bench, Justice Bahl reiterated that in a case where separate recoveries have been made from two persons of two different quantities while walking, both cannot be clubbed together.
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