CRM-M-9577-2025 :1: 214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-9577-2025 Date of decision: 23.07.2025 KHEMPAL ...Petitioner Versus STATE OF PUNJAB …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Ashu Rana, Advocate for the petitioner(s). Mr. J.S.Thind, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Staon Secons 55 25.06.2024 Chabbewal, District Hoshiarpur 15 of NDPS Act 1. The peoner incarcerated in the FIR caponed above had come up before this Court under Secon 483 of BNSS, seeking regular bail. 2. Per paragraph 15 of the peon, the peoner has no criminal history. 3. Peoner was released on interim bail vide order dated 27.03.2025 which is connuing the date. 4. The facts and allegaons are being taken from the reply filed by the State, which reads as follows: 2. That it is humbly submied that on 25.06.2024 when the police party reached near T-Point Dana Mandi Chabbewal via Bus Stand Chabbewal, in connec%on of special nakabandi and checking of suspected persons then secret informa%on was received that from Mahilpur side one vehicle/Tata 207 bearing No. HR47-C-4017 is coming in which Danvir son of Dhan Pal and Khem Pal son of Shankar, both residents of Majhola, District Sambhal, Uar Pradesh are carrying with them poppy husk and opium etc. to sell the same in the area of Hoshiarpur and if barricading be laid, then the said vehicle can be apprehended Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document CRM-M-9577-2025 :2: alongwith intoxicant substance. Finding informa%on credible, compliance of Sec%on 42 NDPS Act was made and immediately barricading was laid at T-Point and a5er about 10 minutes from Mahilpur side one Tata 207 bearing No. HR47-C-4017 was seen coming which was given signal to stop. On asking, driver disclosed his name Danvir Singh son of Dhan Pal and the other persons si7ng in the vehicle disclosed his name Khem Pal son of Shankar, residents of Majhola, PS Behjoi, District Sambhal, Uar Pradesh. They were made aware about their legal rights and both of them separately stated him that they want their search as well as search of vehicle to be conducted in the presence of a Gazeed Police Officer. On which Jagir Singh, DSP, NDPS, Hoshiarpur was formed on his mobile number to come present at the spot. Then, Jagir Singh, DSP. NDPS, Hoshiarpur, came present at the spot and disclosed his profile to both of them. They were again made aware about their legal rights on which both of them reposed faith in the DSP. Consent memos were prepared. In the mean%me one person namely Bikram Singh son of Onkar Singh, resident of Village Mukhomazara, PS Chabbewal came there and he was joined as independent witness. On the direc%ons of Shri Jagir Singh, DSP, ASI alongwith fellow police officials conducted the search of the vehicle and four plas%c sacks were recovered and on checking of plas%c sacks,poppy husk was recovered and on weighing the same three sacks containing poppy husk comes to be 15/15 kg. each and fourth sack containing poppy husk comes to be 7 kg i.e. in total the weight of all the four plas%c sacks containing poppy husk comes to be 52 kgs and weight of the each empty plas%c sack was about 200 gms. Accordingly, FIR No.55 dated 25.06.2024 U/s 15, 61, 85 of NDPS Act was registered at P.S. Chabbewal, District Hoshiarpur against the pe%%oner and co-accused Danvir @ Daanveer. 3. That it is submied that the FSL report of the present case was received in the present case and result of the same is as under: "The contents of the envelope marked as Mark A", Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document CRM-M-9577-2025 :3: Mark B", Mark C" and Mark D'’ under reference have been analyzed separately by chemical, TLC and Instrumental analysis. On the basis of analysis, broken pods of poppy PUBLICdant have been found present in the contents of the envelope marked as Mark 6606/64 Mark B", Mark C" and Mark D". The true copy of FSL report is annexed as Annexure R-1. 4. That it is submied that the inves%ga%on of the present case culminated in presenta%on of the charge sheet before the Ld. Trial Court at Hoshiarpur qua the pe%%oner and co-accused Danvir @ Daanveer on 12.09.2024. The charges were framed against the pe%%oner and co-accused Danvir @ Daanveer on 29.10.2024. The prosecu%on has cited total 14 witnesses and out of them, 2 prosecu%on witnesses have been examined completely. Now the case is pending in the court of Mandeep Mial Ld. ASJ, Hoshiarpur for 05.07.2025 for Pws. 5. The peoner's counsel submits that the peoner, who was arrested for possessing 52 kg of poppy husk which is commercial quanty was released on interim bail by the Co-ordinate Bench of this Court vide order dated 27.03.2025, which is connuing. A5er that there is no allegaon against peoner of repeang the offence. Furthermore peoner’s counsel submits that the peoner has no objecon if this Court imposes any stringent condion including surrender of firearms. In case, he repeats the offence or commit any offence, where sentence is more than 07 years, he would have no objecon, if State file an applicaon for cancellaon of his bail. 6. Counsel for the State has handed over the custody cerficate, as per which the custody of the peoner is more than 9 months. 7. It would be appropriate to refer to the following porons of the reply, which read as follows: 6. That it is submied that the present FIR was registered against the pe%%oner and his co-accused Danvir @ Daanveer on recovery of 52 KG Poppy Husk from them. As per FSL report, the recovery effected from the pe%%oner and co-accused Danvir @ Daanveer contains broken pods of poppy plant. As per Central Government no%fica%on under NDPS Act, 50 KG Poppy Husk is specified as a commercial Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document CRM-M-9577-2025 :4: quan%ty. Therefore, the recovered quan%ty of poppy Husk falls within the defini%on of commercial quan%ty as per NDPS Act. The recovery of commercial quan%ty of Poppy Husk aracts sec%on 37 of NDPS Act. In the present case prima facie evidence exists showing the involvement of the pe%%oner in the present case and as such, as per sec%on 37 (1) (b) of NDPS Act bail cannot be granted to the pe%%oner. Commercial quan%ty offences are serious offences and drug related crimes have a significant impact on society and youth. The pe%%oner is a flight risk and may abscond if released on bail. Therefore the present pe%%on is liable to be dismissed. REASONING: 8. There is sufficient primafacie evidence connecng the peoner with the alleged crime. However, pre-trial incarceraon should not be a replica of post- convicon sentencing. Per the custody cerficate dated 22.07.2025, the peoner’s complete total custody in this FIR is 09 months and 05 days ll the date of his release. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegaons, and the other factors peculiar to this case, there would be no jusfiability to disconnue the interim bail. 9. Without commenng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menoned above, the peoner makes a case for bail. 10. Given above, peon is allowed and order dated 27.03.2025 is made absolute. All pending applicaons, if any, stand disposed of. 23.07.2025 (ANOOP CHITKARA) Priyanka Thakur JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document