CRM-M-15238 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 351 Sandeep Kumar State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. petitioner under Section seeking regular bail in case bearing FIR No. under Section Act, 1985 Hoshiarpur. The previous petitions have been dismissed as withdrawn. 2. petition are that Romy, Ravinder Kaur, Parminder Kaur @ Renu and Maninder Kaur, while coming in a car bearing registration number CH apprehended by a police party headed by SI Ja 255 grams of heroin was effected from the dashboard of the said car. the accused persons were formally arrested at the spot. necessary investigation and usual formalities, 15238-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Sandeep Kumar Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Ruhani Chadha, Advocate for the petitioner. Ms. Himani Arora, AAG, Punjab. MANISHA BATRA, J. (Oral) The instant one is the fourth petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing FIR No. under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Hoshiarpur. The previous petitions have been dismissed as withdrawn. Brief facts of the case relevant for the purpose of disposal of this petition are that on 20.09.2022, the petitioner and co Romy, Ravinder Kaur, Parminder Kaur @ Renu and Maninder Kaur, while coming in a car bearing registration number CH apprehended by a police party headed by SI Ja 255 grams of heroin was effected from the dashboard of the said car. the accused persons were formally arrested at the spot. necessary investigation and usual formalities, IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15238-2025 (O&M) Date of decision: 12.05.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ruhani Chadha, Advocate Ms. Himani Arora, AAG, Punjab. The instant one is the fourth petition that has been filed by the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing FIR No. 184 dated 20.09.2022, registered Narcotic Drugs and Psychotropic Substances at Police Station Mahilpur, District Hoshiarpur. The previous petitions have been dismissed as withdrawn. Brief facts of the case relevant for the purpose of disposal of this the petitioner and co-accused Bikram Singh @ Romy, Ravinder Kaur, Parminder Kaur @ Renu and Maninder Kaur, while coming in a car bearing registration number CH-01-AY-0023, were apprehended by a police party headed by SI Jaswant Singh and recovery of 255 grams of heroin was effected from the dashboard of the said car. All of the accused persons were formally arrested at the spot. After completion of necessary investigation and usual formalities, challan under Section 173 of -1- 2025 (O&M) 12.05.2025 ...Petitioner ...Respondent has been filed by the Bharatiya Nagarik Suraksha Sanhita, 2023 , registered Narcotic Drugs and Psychotropic Substances Mahilpur, District Brief facts of the case relevant for the purpose of disposal of this accused Bikram Singh @ Romy, Ravinder Kaur, Parminder Kaur @ Renu and Maninder Kaur, while 0023, were swant Singh and recovery of All of After completion of under Section 173 of MOHAMMAD WASEEM ANSARI 2025.05.12 15:53 I attest to the accuracy and integrity of this document CRM-M-15238 Cr.P.C. was presented along with the co mentioned offence. 3. has been falsely implicated in this case. the wife of the present petitioner and other co the petitioner. They, being famil aforesaid car. the aforesaid contraband in the car. petitioner can be ascertained from the fact that he was two more cases of similar nature, in which, he stands acquitted by the trial Court. Even otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the copies of the zimni orders passed by the learned trial Court, which have been placed on record, would show that the trial is substantially delayed as only two witnesses have been examined so far. 311 of Cr.P.C. has been fil co-accused Jasvir Kaur @ Fojan is being conducted and on completion of the same, supplementary conclusion of trial would take considerable lo custody since 20.09.2022 i.e. for the last more than 02 years and 07 months. In view of substantial delay in trial, the petitioner is entitled to get benefit of bail. No useful purpose would be served by keeping anymore. It is, therefore, urged that the petition deserves to be allowed. 15238-2025 (O&M) Cr.P.C. was presented on 14.03.2023 in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforesaid mentioned offence. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. In fact, co the wife of the present petitioner and other co the petitioner. They, being family members, were travelling together in the aforesaid car. All of them have been falsely implicated in this case by planting the aforesaid contraband in the car. The factum of false implication of the petitioner can be ascertained from the fact that he was two more cases of similar nature, in which, he stands acquitted by the trial Court. Even otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the opies of the zimni orders passed by the learned trial Court, which have been placed on record, would show that the trial is substantially delayed as only two witnesses have been examined so far. 311 of Cr.P.C. has been filed, which is pending accused Jasvir Kaur @ Fojan is being conducted and on completion of the same, supplementary challan shall be submitted. All this goes to show that conclusion of trial would take considerable lo custody since 20.09.2022 i.e. for the last more than 02 years and 07 months. In view of substantial delay in trial, the petitioner is entitled to get benefit of No useful purpose would be served by keeping anymore. It is, therefore, urged that the petition deserves to be allowed. in the Court and presently, the petitioner is facing trial for commission of aforesaid Learned counsel for the petitioner has argued that the petitioner In fact, co-accused Maninder Kaur is the wife of the present petitioner and other co-accused are family members of y members, were travelling together in the All of them have been falsely implicated in this case by planting The factum of false implication of the petitioner can be ascertained from the fact that he was falsely implicated in two more cases of similar nature, in which, he stands acquitted by the trial Court. Even otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the opies of the zimni orders passed by the learned trial Court, which have been placed on record, would show that the trial is substantially delayed as only two witnesses have been examined so far. Now, an application under Section ed, which is pending. Even investigation qua accused Jasvir Kaur @ Fojan is being conducted and on completion of the shall be submitted. All this goes to show that conclusion of trial would take considerable long time. The petitioner is in custody since 20.09.2022 i.e. for the last more than 02 years and 07 months. In view of substantial delay in trial, the petitioner is entitled to get benefit of No useful purpose would be served by keeping the petitioner in custody anymore. It is, therefore, urged that the petition deserves to be allowed. -2- in the Court and presently, the petitioner is facing trial for commission of aforesaid Learned counsel for the petitioner has argued that the petitioner accused Maninder Kaur is accused are family members of y members, were travelling together in the All of them have been falsely implicated in this case by planting The factum of false implication of the falsely implicated in two more cases of similar nature, in which, he stands acquitted by the trial Court. Even otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the opies of the zimni orders passed by the learned trial Court, which have been placed on record, would show that the trial is substantially delayed as only Now, an application under Section . Even investigation qua accused Jasvir Kaur @ Fojan is being conducted and on completion of the shall be submitted. All this goes to show that The petitioner is in custody since 20.09.2022 i.e. for the last more than 02 years and 07 months. In view of substantial delay in trial, the petitioner is entitled to get benefit of in custody MOHAMMAD WASEEM ANSARI 2025.05.12 15:53 I attest to the accuracy and integrity of this document CRM-M-15238 4. submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of bail as he along with the co accused was nabbed at the spot and recovery of 255 grams of heroin was effected from the petition is liable to be dismissed. 5. and have also gone through the record carefully. 6. co-accused of the present petitioner, of 255 grams of heroin was effected from their car. contraband is marginally higher than commercial quantity, the same being 250 grams. A perusal of the petition reveals that the petitioner was implicated in two more cases of similar nature but he has been acquitted in those case plea of the petitioner is that he was travelling in the said car along with his family and by planting a false Be that as it may, Court, copies prosecution witnesses have been examined so far, despite the fact that was presented way back there is no likelihood of the same to conclude filed under Section 311 of Cr.P.C. is pending. More so, investigation qua co-accused challan is to be presented after completion of investigation. The petitioner is 15238-2025 (O&M) Status report has been filed by the respondent submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of bail as he along with the co accused was nabbed at the spot and recovery of 255 grams of heroin was effected from the car, in which they were travelling. ition is liable to be dismissed. I have heard learned counsel for the parties at considerable and have also gone through the record carefully. As per the allegations, the pe accused, one out of whom, namely Maninder Kaur, is stated to be the wife of the present petitioner, were apprehended 255 grams of heroin was effected from their car. contraband is marginally higher than commercial quantity, the same being 250 A perusal of the petition reveals that the petitioner was implicated in two more cases of similar nature but he has been acquitted in those case plea of the petitioner is that he was travelling in the said car along with his family and by planting a false recovery, the entire family has been roped in. Be that as it may, a perusal of the zimni orders passed by the learned trial Court, copies of which have been placed on record, shows that only two prosecution witnesses have been examined so far, despite the fact that was presented way back on 14.03.2023. there is no likelihood of the same to conclude filed under Section 311 of Cr.P.C. is pending. More so, investigation qua accused Jasvir Kaur @ Fojan is being conducted and supplementary is to be presented after completion of investigation. The petitioner is Status report has been filed by the respondent-State. It is submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of bail as he along with the co accused was nabbed at the spot and recovery of 255 grams of heroin was car, in which they were travelling. Hence, it is urged that I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. the petitioner and above named four , one out of whom, namely Maninder Kaur, is stated to be the wife ed by the police party and recovery 255 grams of heroin was effected from their car. The quantity of the alleged contraband is marginally higher than commercial quantity, the same being 250 A perusal of the petition reveals that the petitioner was implicated in two more cases of similar nature but he has been acquitted in those cases. plea of the petitioner is that he was travelling in the said car along with his the entire family has been roped in. a perusal of the zimni orders passed by the learned trial of which have been placed on record, shows that only two prosecution witnesses have been examined so far, despite the fact that challan The trial is obviously delayed and there is no likelihood of the same to conclude in near future as an application filed under Section 311 of Cr.P.C. is pending. More so, investigation qua Jasvir Kaur @ Fojan is being conducted and supplementary is to be presented after completion of investigation. The petitioner is -3- . It is submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of bail as he along with the co- accused was nabbed at the spot and recovery of 255 grams of heroin was Hence, it is urged that the length above named four , one out of whom, namely Maninder Kaur, is stated to be the wife by the police party and recovery The quantity of the alleged contraband is marginally higher than commercial quantity, the same being 250 A perusal of the petition reveals that the petitioner was implicated in s. The plea of the petitioner is that he was travelling in the said car along with his the entire family has been roped in. a perusal of the zimni orders passed by the learned trial of which have been placed on record, shows that only two challan The trial is obviously delayed and in near future as an application filed under Section 311 of Cr.P.C. is pending. More so, investigation qua Jasvir Kaur @ Fojan is being conducted and supplementary is to be presented after completion of investigation. The petitioner is MOHAMMAD WASEEM ANSARI 2025.05.12 15:53 I attest to the accuracy and integrity of this document CRM-M-15238 in long incarceration of more than 02 years and 07 months. Court in Rabi Prakash vs. State of Odisha : 2023 Live Law (SC) 533 that the prolonged incarceration fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act Hon’ble Supreme Court in 2024 (4) RCR (Criminal) 172 Mohd. Muslim @ Hussain vs. State (NCT of Delhi) 2023 AIR( concession of regular bail to an accused, from whom commercial quantity of the contraband was allegedly recovered, has held that ground of undue delay in trial the NDPS Kumar Antil v SCC 51, wherein similar observations were made by the Hon’ble Court. Reliance can also be placed upon Singh vs. Narcotic Control Bureau : (2022) 2 RCR (Criminal) 706 a Division Bench of this Court, achieving balance between righ the Constitution of India and the rigors enumerated under Section 37 of the NDPS Act invoking parameters of Article 21 of the Constitution o stringent provisions of Section 37 of the apparently and evidently, 15238-2025 (O&M) in long incarceration of more than 02 years and 07 months. Rabi Prakash vs. State of Odisha : 2023 Live Law (SC) 533 he prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act Hon’ble Supreme Court in Ankur Chaudhary vs. State of Madhya Pradesh : 2024 (4) RCR (Criminal) 172. Reliance can also be placed upon Mohd. Muslim @ Hussain vs. State (NCT of Delhi) 2023 AIR(SC) 1648, wherein Hon’ble Supreme Court, while granting concession of regular bail to an accused, from whom commercial quantity of the contraband was allegedly recovered, has held that ground of undue delay in trial cannot be said to be fettered by Section 37 of NDPS Act. Reference can also be made to the authority cited as Kumar Antil vs. Central Bureau of Investigation and another, 2022(10) wherein similar observations were made by the Hon’ble Court. Reliance can also be placed upon s. Narcotic Control Bureau : (2022) 2 RCR (Criminal) 706 a Division Bench of this Court, after considering issue with respect to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and the rigors enumerated under Section 37 of the Act, has held that convict/accused is not precluded from claiming bail invoking parameters of Article 21 of the Constitution o stringent provisions of Section 37 of the apparently and evidently, the trial is substantially delayed. in long incarceration of more than 02 years and 07 months. Hon’ble Supreme Rabi Prakash vs. State of Odisha : 2023 Live Law (SC) 533 has held , generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act. Similar view has been taken by Ankur Chaudhary vs. State of Madhya Pradesh : Reliance can also be placed upon Mohd. Muslim @ Hussain vs. State (NCT of Delhi) : 2023 AIR(SC) 1648 Hon’ble Supreme Court, while granting concession of regular bail to an accused, from whom commercial quantity of the contraband was allegedly recovered, has held that grant of bail on cannot be said to be fettered by Section 37 of Reference can also be made to the authority cited as Satender s. Central Bureau of Investigation and another, 2022(10) wherein similar observations were made by the Hon’ble Supreme Court. Reliance can also be placed upon the authority cited as Bhupender s. Narcotic Control Bureau : (2022) 2 RCR (Criminal) 706, wherein after considering issue with respect to t to speedy trial guaranteed under Article 21 of the Constitution of India and the rigors enumerated under Section 37 of the held that convict/accused is not precluded from claiming bail invoking parameters of Article 21 of the Constitution of India de-hors stringent provisions of Section 37 of the NDPS Act. In the present case, the trial is substantially delayed. Therefore, keeping -4- Hon’ble Supreme has held , generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created ar view has been taken by Ankur Chaudhary vs. State of Madhya Pradesh : Reliance can also be placed upon 2023 AIR(SC) 1648 Hon’ble Supreme Court, while granting concession of regular bail to an accused, from whom commercial quantity of rant of bail on the cannot be said to be fettered by Section 37 of Satender s. Central Bureau of Investigation and another, 2022(10) Supreme Bhupender , wherein after considering issue with respect to t to speedy trial guaranteed under Article 21 of the Constitution of India and the rigors enumerated under Section 37 of the held that convict/accused is not precluded from claiming bail hors the In the present case, Therefore, keeping MOHAMMAD WASEEM ANSARI 2025.05.12 15:53 I attest to the accuracy and integrity of this document CRM-M-15238 in view the aforementioned facts and circumstances and also the as laid down in the aforecited authorities, opinion that custody anymore. is ordered to personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. cancellation of bail in case the subsequent case. 8. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 12.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 15238-2025 (O&M) the aforementioned facts and circumstances and also the as laid down in the aforecited authorities, opinion that no useful purpose would be served by keeping custody anymore. Accordingly, the present petition is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner subsequent case. 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 bearing on the merits of the case. 12.05.2025 Whether speaking/reasoned Whether reportable the aforementioned facts and circumstances and also the ratio of law as laid down in the aforecited authorities, this Court is of the considered no useful purpose would be served by keeping the petitioner Accordingly, the present petition is allowed. The petitioner be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate However, it will be open for the prosecution to apply for petitioner is found involved in any other 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 -5- ratio of law this Court is of the considered the petitioner in is allowed. The petitioner be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate However, it will be open for the prosecution to apply for nvolved in any other 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 MOHAMMAD WASEEM ANSARI 2025.05.12 15:53 I attest to the accuracy and integrity of this document