CRM-M-16627-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 241 CRM-M-16627-2025 (O&M) Date of decision: 23.07.2025 Nasib Kaur ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Sandeep Saini, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) 1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 180 dated 01.10.2023, registered under Sections 22, 25 and 29 of the NDPS Act, 1985 at Police Station Samana, District Patiala. 2. Brief facts of the case relevant for the disposal of the present petition are that on 01.10.2023, a secret information was received by ASI Gurdev Singh to the effect that co-accused Ravi, who was accused in an NDPS case and was absconding, used to come to his house during odd hours. It was also informed that he was bringing intoxicant tablets in large quantity and selling the same to others and had concealed intoxicant tablets in the heap of bricks. The aforesaid co-accused is son of the present petitioner. Believing the information to be true, a raid was conducted at the MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-16627-2025 (O&M) -2- informed place and recovery of 6000 intoxicant tablets namely Tramadol Prolonged Release was effected from under construction house of the petitioner and co-accused. Thereafter, on 09.04.2024, co-accused Ravi was arrested by the police party. Since the aforesaid house was found in the name of the present petitioner, she was also nominated as accused in this case and was arrested on 05.10.2024. During investigation, on the basis of the disclosure statement of co-accused Ravi, one Sikander Singh was also nominated as accused in this case on the allegations that co-accused Ravi used to sell him intoxicant tablets. After completion of necessary investigation and usual formalities, challan qua co-accused Ravi was presented on 23.09.2024. After the arrest of the petitioner, supplementary challan qua her was presented in the Court on 07.01.2025 and presently, the petitioner along with co-accused is facing trial for commission of aforementioned offences. She had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated 19.12.2024. 3. Learned counsel for the petitioner has argued that he has been falsely implicated in this case. She was neither named in the FIR nor was found at the spot when the co-accused was arrested. No recovery has been effected from her. She has been nominated in this case only on the ground that the said house was in her name. Even otherwise, investigation stands completed and challan has been filed. Conclusion of trial is likely to take time. The petitioner is in custody since 05.10.2024. No useful purpose would be served by keeping her in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-16627-2025 (O&M) -3- regular bail. 4. Status report has been filed by the respondent-State. It is submitted therein and learned Assistant Advocate General, Punjab has argued that keeping in view the allegations levelled against the petitioner as well as the fact that she is involved in two more cases of similar nature, she is not entitled to get benefit of bail. It is also argued that if the petitioner is released on bail, she can abscond or indulge in similar offences. Hence, it is urged that the petition is liable to be dismissed. 5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. 6. The house/under construction house, from where the recovery of the contraband was effected, is stated to be in the name of the petitioner. Co-accused Ravi is son of the petitioner. Recovery of a huge quantity of the intoxicating drugs has been effected in this case. The criminal antecedents of the petitioner are not clean as she is facing trial in two more cases under the NDPS Act. Trial is going on and there is nothing on record to suggest that there would be any undue delay in conclusion of the same. The apprehension expressed by learned State counsel that if the petitioner is released on bail, she can abscond or indulge in similar offences, can also not be stated to be unfounded keeping in view her antecedents. Therefore, keeping in view the gravity of allegations as levelled against the petitioner, the quantity of 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 she does not deserve to be granted concession of regular bail, at this stage. Accordingly, the present petition is dismissed. MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-16627-2025 (O&M) -4- 7. 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. 23.07.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document