234 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16641-2024 Date of decision:-07.05.2025 GURSEWAK SINGH ALIAS SEWAK ... Petitioner Versus STATE OF PUNJAB ... Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY. Present:- Mr. Amardeep Singh, Advocate for the petitioner. Mr. K.D. Sachdeva, DAG, Punjab. ***** SANJIV BERRY, J.(ORAL) Learned State counsel has filed custody certificate dated 06.05.2025, the same is taken on record, copy thereof has been supplied to the counsel opposite. 2. The instant petition has been preferred by the petitioner under Section 439 of the Code of Criminal Procedure for grant of regular bail in the following case:- FIR No. Dated Sections Police Station 66 13.08.2023 21-C of NDPS Act (29 NDPS added later) Sarai Amanat Khan, District Tarn Taran o. 2), Mo 3. Arguments heard. 4. It is inter alia contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case and he is in custody since 13.08.2023. He contends that the alleged recovery of Gyan Chand 2025.05.09 13:48 I attest to the accuracy and integrity of this document contraband is marginally above the non commercial quantity. He contends that petitioner is not having any criminal antecedents and after completion of investigation, challan has already been presented in Court, wherein prosecution has cited 11 witnesses and till date none of them have been examined. Hence prayed for grant of regular bail to the petitioner. 5. Per contra, learned State counsel referring to the reply submitted by the State, has assailed these arguments by submitting that 255 gram of heroin was recovered from the conscious possession of the petitioner and 265 grams was recovered from the co-accused Sonu Singh. Hence prayed for dismissal of the bail petition. 6. After considering the rival contentions and perusing the record, it is observed that as per the version of the prosecution , police apprehended the petitioner alongwith co-accused Sonu Singh on 13.08.2023 and from conscious possession of the petitioner 255 gram of heroin was allegedly recovered from the right pocket of his pant, whereas from co-accused Sonu Singh 265 gram of heroin was recovered. After completion of investigation, challan has already been presented in Court wherein prosecution has cited 11 witnesses and till date none of them have been examined. Admittedly, the recovery effected from the petitioner is marginally higher than the non commercial quantity. The conclusion of trial to ascertain criminal liability, if any, of the petitioner, will take sufficient long time. Therefore, considering the slow pace with which the trial is proceeding, as well as the fact that the recovered contraband allegedly effected from the petitioner is marginally higher then the non commercial quantity, this case is deemed fit where rigor Gyan Chand 2025.05.09 13:48 I attest to the accuracy and integrity of this document of Section 37 of the NDPS Act could be diluted, as such, no purpose would be served by detaining the petitioner any longer 7. Resultantly, in these circumstances, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with evidence of prosecution in any manner. 8. It is further made clear that in case the petitioner is again found involved in any case under NDPS Act, after his release on bail, it will be open for the prosecution to move an application for cancellation of his bail in accordance with law. 9. Any observation made above shall not be construed as opinion of this Court on the merits of the case. 10. Pending application(s) if any shall also stand disposed of. (SANJIV BERRY) JUDGE 07.05.2025 Gyan i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Gyan Chand 2025.05.09 13:48 I attest to the accuracy and integrity of this document