CRM-M-51572- 218 IN THE HIGH COURT OF PUNJAB AND HARYANA Rajwinder Singh State of Punjab CORAM : HON'BLE MS Present: Mr. Rahul Sharma, Advocate for Mr. B.S.Bhalla, Advocate for the petitioner. Mr. H.S.Wadhwa, DAG Punjab. MANDEEP PANNU J. 1. Present is the Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to case FIR No.253 dated 03.10.2015, registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substanc Sultanwind, District Amritsar. 2. Perusal of the record reveals that 200 grams of intoxicant powder was recovered from the possession of t He was granted interim bail vide orde on 05.12.2015, till the receipt of the report of the Forensic Science Laboratory (FSL). The FSL report was received on 18.01.2017 and as per the said report, the intoxicant powder recovered from the possession of Alprazolam and the recovered quantity i.e. 200 grams falls in the category of commercial quantity. After the grant of interim bail, the petitioner did not appear or surrender before the Court and was ultimately declared a procla -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Rajwinder Singh VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Rahul Sharma, Advocate for Mr. B.S.Bhalla, Advocate for the petitioner. Mr. H.S.Wadhwa, DAG Punjab. -.- MANDEEP PANNU J. (Oral) Present is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to 253 dated 03.10.2015, registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sultanwind, District Amritsar. Perusal of the record reveals that 200 grams of intoxicant powder was recovered from the possession of the present applicant/petitioner He was granted interim bail vide order dated 24.12.2015 on an application moved on 05.12.2015, till the receipt of the report of the Forensic Science Laboratory (FSL). The FSL report was received on 18.01.2017 and as per the said report, the intoxicant powder recovered from the possession of Alprazolam and the recovered quantity i.e. 200 grams falls in the category of commercial quantity. After the grant of interim bail, the petitioner did not appear or surrender before the Court and was ultimately declared a procla -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51572-2025 (O&M) Date of Decision : 17.02.2026 ....Petitioner ....Respondent MANDEEP PANNU Mr. B.S.Bhalla, Advocate for the petitioner. first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the petitioner in 253 dated 03.10.2015, registered under Sections 21 and 22 of the es Act, 1985 at Police Station Perusal of the record reveals that 200 grams of intoxicant powder was he present applicant/petitioner-Rajwinder Singh. r dated 24.12.2015 on an application moved on 05.12.2015, till the receipt of the report of the Forensic Science Laboratory (FSL). The FSL report was received on 18.01.2017 and as per the said report, the intoxicant powder recovered from the possession of the accused was found to be Alprazolam and the recovered quantity i.e. 200 grams falls in the category of commercial quantity. After the grant of interim bail, the petitioner did not appear or surrender before the Court and was ultimately declared a proclaimed offender vide first petition filed under Section 483 of the Bharatiya the petitioner in 253 dated 03.10.2015, registered under Sections 21 and 22 of the es Act, 1985 at Police Station Perusal of the record reveals that 200 grams of intoxicant powder was inder Singh. r dated 24.12.2015 on an application moved on 05.12.2015, till the receipt of the report of the Forensic Science Laboratory (FSL). The FSL report was received on 18.01.2017 and as per the said report, the the accused was found to be Alprazolam and the recovered quantity i.e. 200 grams falls in the category of commercial quantity. After the grant of interim bail, the petitioner did not appear or imed offender vide TRIPTI SAINI 2026.02.18 17:33 I attest to the accuracy and integrity of this document CRM-M-51572- order dated 25.07.2019. The present application for regular bail has now been filed by the petitioner, interim bail, he deserves concession of regular bail as he was not time of filing of the challan and has been wrongly declared proclaimed offender. 3. Learned State counsel on record. He has opposed the present regular bail application on the ground that there is recovery of commercial quantity from the petitioner and that he has already been declared a proclaimed offender as he failed to appear before the trial Court. It is further submitted that the petitioner is in custody for the last four months and eleven days only and all the prosecution witnesses are yet to be examined in the present case. 4. I have considered the respective contentions and gone through the record. The petitioner was earlier granted interim bail only on account of the fact that the report of the FSL was awaited. However, after receipt of the FSL report, the contraband recovered from the petitioner was found to be of commercial quantity. Since commercial quantity has been recovered from the accused, the rigours of law operate against regular bail. Apart from this, the record reveals that the petitioner did not appear before the trial Court after grant of interim bail and was ultimately declared a proclaimed offender. The record further sh challan, notice was issued to the petitioner, but he did not appear, and thereafter, upon the Court being satisfied that he could not be summoned in the ordinary manner, he was proceeded against through non proclamation, pursuant to which he was declared proclaimed offender. -2025 (O&M) order dated 25.07.2019. The present application for regular bail has now been filed by the petitioner, inter alia, on the ground that since he was earlier released on interim bail, he deserves concession of regular bail as he was not time of filing of the challan and has been wrongly declared proclaimed offender. Learned State counsel has filed the custody certificate, which is taken has opposed the present regular bail application on the ground that here is recovery of commercial quantity from the petitioner and that he has already been declared a proclaimed offender as he failed to appear before the trial Court. It is further submitted that the petitioner is in custody for the last four even days only and all the prosecution witnesses are yet to be examined in the present case. I have considered the respective contentions and gone through the record. The petitioner was earlier granted interim bail only on account of the fact report of the FSL was awaited. However, after receipt of the FSL report, the contraband recovered from the petitioner was found to be of commercial quantity. Since commercial quantity has been recovered from the accused, the rigours of law operate against him and he is not entitled to the concession of regular bail. Apart from this, the record reveals that the petitioner did not appear before the trial Court after grant of interim bail and was ultimately declared a proclaimed offender. The record further shows that at the time of filing of the challan, notice was issued to the petitioner, but he did not appear, and thereafter, upon the Court being satisfied that he could not be summoned in the ordinary manner, he was proceeded against through non- proclamation, pursuant to which he was declared proclaimed offender. -2- order dated 25.07.2019. The present application for regular bail has now been filed , on the ground that since he was earlier released on interim bail, he deserves concession of regular bail as he was not informed at the time of filing of the challan and has been wrongly declared proclaimed offender. has filed the custody certificate, which is taken has opposed the present regular bail application on the ground that here is recovery of commercial quantity from the petitioner and that he has already been declared a proclaimed offender as he failed to appear before the trial Court. It is further submitted that the petitioner is in custody for the last four even days only and all the prosecution witnesses are yet to be I have considered the respective contentions and gone through the record. The petitioner was earlier granted interim bail only on account of the fact report of the FSL was awaited. However, after receipt of the FSL report, the contraband recovered from the petitioner was found to be of commercial quantity. Since commercial quantity has been recovered from the accused, the him and he is not entitled to the concession of regular bail. Apart from this, the record reveals that the petitioner did not appear before the trial Court after grant of interim bail and was ultimately declared a ows that at the time of filing of the challan, notice was issued to the petitioner, but he did not appear, and thereafter, upon the Court being satisfied that he could not be summoned in the ordinary -bailable warrants and then through proclamation, pursuant to which he was declared proclaimed offender. order dated 25.07.2019. The present application for regular bail has now been filed , on the ground that since he was earlier released on informed at the time of filing of the challan and has been wrongly declared proclaimed offender. has filed the custody certificate, which is taken has opposed the present regular bail application on the ground that here is recovery of commercial quantity from the petitioner and that he has already been declared a proclaimed offender as he failed to appear before the trial Court. It is further submitted that the petitioner is in custody for the last four even days only and all the prosecution witnesses are yet to be I have considered the respective contentions and gone through the record. The petitioner was earlier granted interim bail only on account of the fact report of the FSL was awaited. However, after receipt of the FSL report, the contraband recovered from the petitioner was found to be of commercial quantity. Since commercial quantity has been recovered from the accused, the him and he is not entitled to the concession of regular bail. Apart from this, the record reveals that the petitioner did not appear before the trial Court after grant of interim bail and was ultimately declared a ows that at the time of filing of the challan, notice was issued to the petitioner, but he did not appear, and thereafter, upon the Court being satisfied that he could not be summoned in the ordinary rrants and then through TRIPTI SAINI 2026.02.18 17:33 I attest to the accuracy and integrity of this document CRM-M-51572- 5. Keeping in view these circumstances, as well as the fact that material prosecution witnesses are yet to be examined, this Court is of the opinion that the present applicant/accused does not deserve the concession of regular bail. 6. Accordingly, the present petition stands dismissed. 7. Pending application(s), if any, is/are disposed of. February 17, 202 tripti Whether speaking/non Whether reportable -2025 (O&M) Keeping in view these circumstances, as well as the fact that material prosecution witnesses are yet to be examined, this Court is of the opinion that the sent applicant/accused does not deserve the concession of regular bail. Accordingly, the present petition stands dismissed. Pending application(s), if any, is/are disposed of. , 2026 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- Keeping in view these circumstances, as well as the fact that material prosecution witnesses are yet to be examined, this Court is of the opinion that the sent applicant/accused does not deserve the concession of regular bail. Accordingly, the present petition stands dismissed. Pending application(s), if any, is/are disposed of. (MANDEEP PANNU) JUDGE speaking : Speaking : Yes/No Keeping in view these circumstances, as well as the fact that material prosecution witnesses are yet to be examined, this Court is of the opinion that the TRIPTI SAINI 2026.02.18 17:33 I attest to the accuracy and integrity of this document