NDPS Case- "How Did Sessions Judge Decide Bail Plea When Similar Plea Pending In HC?": Punjab & Haryana High Court Seeks Reply

The Punjab and Haryana High Court on Tuesday sought an explanation from the sessions judge of Sirsa, Haryana as to how did he entertain and decide the petition for regular bail of an Accused booked under the NDPS act, when a similar petition was pending before the High Court.

The bench of Justice H. S. Madaan has also sought the Judge's reply on whether the pendency of the petition before this Court was brought to his notice by the Public Prosecutor representing the State or by the concerned police officer.

The Court was hearing a bail plea filed by an accused G Hemavathy (now seeking withdrawal of plea), booked in a case under section 21 (c) of NDPS Act. The reason for the withdrawal of the main petition was that petitioner had been granted the concession for regular bail by Sessions Judge, Sirsa vide order dated June 26, 2021

Calling it 'strange', the Court noted that he was availing of remedy in two Courts simultaneously, before the High Court as well as before Sessions Judge, Sirsa.

The petition was filed before the Lower Court on June 25, 2021 and decided on June 26, 2021 whereas the petition before the High Court was filed on May 6, 2021.

The Court has also directed the Sessions Judge, Sirsa to explain how he released the accused on bail without considering the bar of Section 37 of the NDPS Act. The report from the Sessions Judge, Sirsa has been called for July 22, 2021.

The AAG, Haryana has been directed to convey the entire matter to the notice of Director Prosecution, Panchkula (Haryana) as well as Director-General of Police, Haryana, Chandigarh so that the necessary action is taken against the official at fault. 

The Registry has been asked to place the report so received from Sessions Judge, Sirsa, and the written intimation from AAG, Haryana before the Court by July 30, 2021.

With this, the bail petition was dismissed as withdrawn.

Case title - G.Hemavathy v. State of Haryana

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