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2023 DAILYLAW 3784 (PNJ)

KULVIR @ VEERU v. STATE OF PUNJAB

CRM-M/51045/2025 · 2026-03-10

Vinod S Bhardwaj

body2023

Judgment text

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IN THE 127 Kulvir @ Veeru State of Punjab CORAM : HON'BLE Present :- Mr. Mr. ***** VINOD S. BHARDWAJ The Bharatiya Nagarik petitioner in case 22 (C) of the Narcotic Police Station Maqsudan, 2. The chance recovery. “To Harbans Harvinder travelling of the Nangal near shaven noticing of Nangal ASI disclosed resident Jalandhar. THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-51045 Date of decision: VERSUS HON'BLE MR. JUSTICE VINOD . Raman Kumar, Advocate for the Mr. Mohit Kapoor, Sr.DAG, Punjab ***** BHARDWAJ, J. (Oral) The instant first petition has been filed Nagarik Suraksha Sanhita, 2023 for case bearing FIR No.20 dated 01.02.2025 Narcotic Drugs and Psychotropic Maqsudan, District Jalandhar. The FIR in the present case has been recovery. The translation thereof reads thus: “To the Chief Officer, 'Jai Hind', Harbans Singh 1539, Head Constable Harvinder Singh 1286, Constable travelling in a government vehicle no. the bad elements and were going Nangal Manohar from Heerapur Helra near the small bridge (puli) of Nangal shaven person was seen coming from noticing the police party, he went towards Nangal Manohar and sat on the left ASI apprehended him and asked disclosed his name as Kulvir alias resident of Heerapur, police station Jalandhar. Thereafter I ASI disclosed PUNJAB & HARYANA CHANDIGARH 51045-2025(O&M) decision: 10.03.2026 ...Petitioner ...Respondent VINOD S. BHARDWAJ the petitioner. Punjab. filed under Section 483 of the grant of regular bail to the 01.02.2025 registered under Section Psychotropic Substances Act, 1985 at been registered on the basis of thus: Today I ASI along with ASI Constable Gurpreet Singh 177, SCT Constable Satnam Singh 639 were no. PB-65 BH 0762 in search going to near the small bridge of Helra and when they reached Nangal Manohar, then one clean from Nangal Manohar, who after towards the cremation ground left side of the gate. On doubt I name and address, then he alias Veeru son of Charanjeet, station Maqsudan, District disclosed my identity posting and said SUMIT SINGH GUSAIN 2026.03.10 19:09 I attest to the accuracy and integrity of this document 2 127 CRM-M-51045-2025(O&M) that your search has to be conducted, you have a legal right to get your search conducted through a magistrate or a Gazetted officer, for whom I can arrange at the spot. Who stated in a single voice that I have trust upon you. I want to get searched from you, upon which the consent memo was prepared. The consent memo was signed by the Kulvir alias Veeru in English and witness were also signed the same. Before conducting the personal search, an attempt was made to include a witness from the public, but each one expressed his own compulsion. Upon which, in the presence of fellow employees, a search was conducted on Kulvir alias Veeru. From the right pocket of his black jacket, in white-coloured polythene, pink coloured tablets were recovered and after counting it turned out total 48 intoxicant tablets. The same were put in to a white-coloured polythene and a parcel was prepared by I ASI and sealed and stamped with my stamp RS and took in to the police possession as an evidence through a separate memo. After stamping the same was hand over to ASI Harbans Singh 1539. The above said accused Kulvir alias Veeru did not produce regarding the possessing of the 48 intoxicant tablets any documents. On which the offence under section 22-61-85 of NDPS against him is made out. The letter is being written and the same is being sent to the Police Station, by hand through constable Satnam Singh 639 for registration of the case and after registration of the case the register number may be issued. Special reports be prepared and the same be intimated to the senior police officials." 3. Learned counsel appearing on behalf of the petitioner contends that the petitioner had been apprehended for being in possession of intoxicant tablets containing salt Etizolam weighing a total of 4.992 grams. The commercial quantity being 2.5 grams, hence, the petitioner was taken in custody on 01.02.2025. The petitioner has already undergone actual custody of more than 01 year and has clean antecedents. He further contends that even SUMIT SINGH GUSAIN 2026.03.10 19:09 I attest to the accuracy and integrity of this document 3 127 CRM-M-51045-2025(O&M) though charge has been framed in the present case, however, out of 12 witnesses, none has been examined so far. 4. Learned State Counsel does not dispute the aforesaid facts. He also does not dispute that the petitioner has no criminal antecedents and that prosecution evidence has not yet commenced. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration the period of custody already undergone by the petitioner, recovery effected from him, his clean antecedents as well as the stage of trial where prosecution evidence is yet to commence, I deem it appropriate to allow the present petition. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. 10. Pending application(s), if any, shall stand disposed of. 10.03.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.03.10 19:09 I attest to the accuracy and integrity of this document