CRM-M-5401 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND Bablu State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Nagarik Suraksha Sanhita, 2023, is for grant of case bearing FIR No. 29 of the ‘NDPS Act’) 2. petition are that Amarjit Singh was apprehended by a police party and recovery of 2.510 kgs. of opium was effected from him. purchasing opium in bulk quantity, he used to sell the sa in his car bearing registration number PB 5401-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Naveen Bawa, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. Prayer in this petition, filed under Section Nagarik Suraksha Sanhita, 2023, is for grant of case bearing FIR No. 149 dated 16.11.2024 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Act’) at Police Station Sarabha Nagar, District Ludhiana. Brief facts of the case relevant for the purpose of disposal of this petition are that on 16.11.2024, on the basis of secret information, co Amarjit Singh was apprehended by a police party and recovery of 2.510 kgs. of opium was effected from him. Upon interrogation, he disclosed that after purchasing opium in bulk quantity, he used to sell the sa in his car bearing registration number PB IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5401-2025 (O&M) Reserved on : 23.07.2025 Pronounced on : 29.07.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ms. Sakshi Bakshi, AAG, Punjab. filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner 16.11.2024, registered under Sections 18 and Narcotic Drugs and Psychotropic Substances Act, 1985 (for short Sarabha Nagar, District Ludhiana. Brief facts of the case relevant for the purpose of disposal of this on the basis of secret information, co-accused Amarjit Singh was apprehended by a police party and recovery of 2.510 kgs. Upon interrogation, he disclosed that after purchasing opium in bulk quantity, he used to sell the same at various places in his car bearing registration number PB-10-FX-9297 and from half of the -1- 2025 (O&M) Reserved on : 23.07.2025 .07.2025 ...Petitioner ...Respondent Bharatiya bail to the petitioner in s 18 and (for short Brief facts of the case relevant for the purpose of disposal of this accused Amarjit Singh was apprehended by a police party and recovery of 2.510 kgs. Upon interrogation, he disclosed that after me at various places and from half of the MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document CRM-M-5401 money received thereof, he used to purchase gold jewelries and rest of the money, he used to keep in his almirah. Thereafter, at his instance, recovery of drug money of Rs.22,41,510/ an almirah kept in his house disclosure statement to the effect that to him by the present petition supplying huge quantity of opium from his shop of coconut water. On the basis of the said disclosure statement, the petitioner was nominated in this case as an accused and was arrested on 18.11.2024. He suffere statement admitting his involvement in the subject crime. necessary investigation and usual formalities, the Court and presently, the petitioner commission of afore 3. has been falsely implicated in this case. was found at the spot. He has been implicated in this case on the basis disclosure statement suffered by co evidence. No subsequent recovery has been effected from him. involved in any other case. and challan Conclusion of trial is likely to take time by keeping him in custody anymore. deserves to be allowed and the petitio bail. 5401-2025 (O&M) money received thereof, he used to purchase gold jewelries and rest of the money, he used to keep in his almirah. Thereafter, at his instance, recovery of oney of Rs.22,41,510/- and some gold jewelries an almirah kept in his house. During the course of investigation, he suffered disclosure statement to the effect that the recovered contraband was supplied to him by the present petitioner. He also disclosed that the petitioner was supplying huge quantity of opium from his shop of coconut water. On the basis of the said disclosure statement, the petitioner was nominated in this case as an accused and was arrested on 18.11.2024. He suffere statement admitting his involvement in the subject crime. necessary investigation and usual formalities, the Court and presently, the petitioner along with co ion of aforementioned offences. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He was neither named in the FIR nor was found at the spot. He has been implicated in this case on the basis disclosure statement suffered by co-accused, which is not admissible in evidence. No subsequent recovery has been effected from him. involved in any other case. Even otherwise, investigation stands completed challan has been filed. The petitioner is in custody since Conclusion of trial is likely to take time. by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular money received thereof, he used to purchase gold jewelries and rest of the money, he used to keep in his almirah. Thereafter, at his instance, recovery of and some gold jewelries was also effected from . During the course of investigation, he suffered the recovered contraband was supplied er. He also disclosed that the petitioner was supplying huge quantity of opium from his shop of coconut water. On the basis of the said disclosure statement, the petitioner was nominated in this case as an accused and was arrested on 18.11.2024. He suffered disclosure statement admitting his involvement in the subject crime. After completion of necessary investigation and usual formalities, challan was presented before along with co-accused is facing trial for Learned counsel for the petitioner has argued that the petitioner He was neither named in the FIR nor was found at the spot. He has been implicated in this case on the basis of the accused, which is not admissible in evidence. No subsequent recovery has been effected from him. He is not Even otherwise, investigation stands completed has been filed. The petitioner is in custody since 18.11.2024. . No useful purpose would be served Therefore, it is urged that the petition ner deserves to be released on regular -2- money received thereof, he used to purchase gold jewelries and rest of the money, he used to keep in his almirah. Thereafter, at his instance, recovery of from . During the course of investigation, he suffered the recovered contraband was supplied er. He also disclosed that the petitioner was supplying huge quantity of opium from his shop of coconut water. On the basis of the said disclosure statement, the petitioner was nominated in this d disclosure After completion of before rial for Learned counsel for the petitioner has argued that the petitioner He was neither named in the FIR nor of the accused, which is not admissible in He is not Even otherwise, investigation stands completed 1.2024. No useful purpose would be served Therefore, it is urged that the petition ner deserves to be released on regular MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document CRM-M-5401 4. submitted therein and learned Assistant Advocate General, Punjab has argued that keeping in view the gravity of the allegations, the petitioner is to get benefit of bail. similar offences. 5. and have also gone through the record carefully. 6. disclosure statement suffered by co apprehended by the police party on 16.11.2024 and from whom recovery of 2.510 kgs. of opium and drug money of Rs. 22,41,510/ gold jewelries was effected. The allegations against the petitioner are that he used to supply opium to the co shop. The allegations against him are quite serious. been completed and nothing on record to show that there would be any undue delay in conclusion of the same. benefit of bail, the petitioner may indul stated to be unfounded. against the petitioner, the quantity of of sentence which the conviction may entail and the attendant circumstances of the case, this Court is of the considered opinion that he does not deserve to be granted concession of regular bail, at this stage. Accordingly, the present petition is dismissed. 5401-2025 (O&M) Status report has been filed by the respondent submitted therein and learned Assistant Advocate General, Punjab has argued keeping in view the gravity of the allegations, the petitioner is to get benefit of bail. If he is released on bail, he may abscond or indulge in similar offences. Hence, it is urged that the pet I have heard learned counsel for the parties at considerable e also gone through the record carefully. The petitioner has been nominated in this case on the basis of the disclosure statement suffered by co-accuesd Amarjit Singh, who was apprehended by the police party on 16.11.2024 and from whom recovery of 2.510 kgs. of opium and drug money of Rs. 22,41,510/ gold jewelries was effected. The allegations against the petitioner are that he used to supply opium to the co-accused and others from his coconut water shop. The allegations against him are quite serious. mpleted and challan has been filed. Trial is going on and there is nothing on record to show that there would be any undue delay in conclusion of the same. The apprehension of learned State counsel that if extended benefit of bail, the petitioner may indulge in drug smuggling again cannot be stated to be unfounded. Keeping in view the gravity of allegations as levelled against the petitioner, the quantity of the recovered of sentence which the conviction may entail and the attendant circumstances of the case, this Court is of the considered opinion that he does not deserve to be granted concession of regular bail, at this stage. Accordingly, the present petition is dismissed. Status report has been filed by the respondent-State. It is submitted therein and learned Assistant Advocate General, Punjab has argued keeping in view the gravity of the allegations, the petitioner is not entitled If he is released on bail, he may abscond or indulge in the petition is liable to be dismissed. I have heard learned counsel for the parties at considerable length e also gone through the record carefully. petitioner has been nominated in this case on the basis of the accuesd Amarjit Singh, who was apprehended by the police party on 16.11.2024 and from whom recovery of 2.510 kgs. of opium and drug money of Rs. 22,41,510/- along with certain gold jewelries was effected. The allegations against the petitioner are that he accused and others from his coconut water shop. The allegations against him are quite serious. Investigation has since has been filed. Trial is going on and there is nothing on record to show that there would be any undue delay in conclusion The apprehension of learned State counsel that if extended ge in drug smuggling again cannot be eeping in view the gravity of allegations as levelled the recovered contraband, the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, this Court is of the considered opinion that he does not deserve to be granted concession of regular bail, at this stage. Accordingly, the present petition is dismissed. -3- . It is submitted therein and learned Assistant Advocate General, Punjab has argued not entitled If he is released on bail, he may abscond or indulge in ition is liable to be dismissed. length petitioner has been nominated in this case on the basis of the accuesd Amarjit Singh, who was apprehended by the police party on 16.11.2024 and from whom recovery of along with certain gold jewelries was effected. The allegations against the petitioner are that he accused and others from his coconut water Investigation has since has been filed. Trial is going on and there is nothing on record to show that there would be any undue delay in conclusion The apprehension of learned State counsel that if extended ge in drug smuggling again cannot be eeping in view the gravity of allegations as levelled contraband, the quantum facts and circumstances of the case, this Court is of the considered opinion that he does not deserve to be granted concession of regular bail, at this stage. MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document CRM-M-5401 7. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 29.07.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 5401-2025 (O&M) It is made clear that any observation made he for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 9.07.2025 Whether speaking/reasoned Whether reportable It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) JUDGE Yes/No Yes/No -4- rein above is only for the purpose of deciding the present petition and the same shall have no MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document