July 8, 2021 6:22:53 am
THE PUNJAB and Haryana High Court has sought an explanation from the sessions judge of Sirsa, Haryana, as to how he entertained and decided a petition for regular bail of an accused in a case lodged under the Narcotic Drugs and Psychotropic Substances Act (NDPS), when a similar petition is pending before High Court.
The bench of Justice H S Madaan, was hearing the regular bail plea of accused G Hemavathy, booked in a case under section 21 (c) of NDPS Act, registered at PS Ding, Sirsa. The HC has dismissed the bail plea of the accused.
As per the HC order, an application for permission to withdraw the main petition for regular bail was moved by accused since the application was being taken up on July 6. The HC bench in the order held that, the reason for withdrawal of main petition is that petitioner has been granted concession for regular bail by sessions judge, Sirsa, vide a June 28 order.
Justice Madaan said, “It is very strange that the petitioner was availing of remedy in two courts simultaneously, before this court as well as before learned sessions judge, Sirsa. A perusal of the order Annexure A1 goes to show that the petition was filed on June 25 and decided on June 28, whereas the present petition was filed on May 6. Let the explanation be obtained from learned sessions judge, Sirsa, as to how did he entertain and decide petition for regular bail when similar petition was pending before this court.”
Justice Madaan further said: “He (sessions judge, Sirsa) is further to report whether pendency of the petition before this court was brought to his notice by Naveen Kumar, public prosecutor representing the State or by the concerned police officer.”
The HC ordered that the sessions judge, Sirsa, further explain as to how he released the accused on bail without considering the bar of Section 37 of the NDPS Act. It directed Karan Garg, AAG, Haryana to convey the matter to the Director Prosecution, Panchkula (Haryana) as well as DGP, Haryana, Chandigarh, so that the necessary action is taken against the official at fault.
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