Extracted from the PDF above. The PDF is authoritative.
CRM-M No.16802 of 2025 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.16802 of 2025 (O&M)
Date of Decision: 28.03.2025
Balwinder Singh @ Billa ......... Petitioner Versus State of Punjab ......... Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present:- Mr. Anand Vardhan Khanna, Advocate for the petitioner. Ms. Manjot Kaur, AAG, Punjab for the respondent. ****
MAHABIR SINGH SINDHU, J.
Third petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for grant of interim regular bail to the petitioner for a period of three months on medical grounds in FIR No.29 dated 26.03.2023, under Sections 21, 23, 23-A, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Section 66(F) of the Information Technology Act, 2000 and Section 25 of the Arms Act, 1959, registered at Police Station Kalanaur, District Gurdaspur. (2)
Allegations are that petitioner, along with co-accused, involved in cross-border smuggling of illegal arms & heroin and drug money of Rs.3,18,000/- was recovered from his possession. GAGANDEEP 2025.04.05 10:35 I attest to the accuracy and authenticity of this document High Court Chandigarh
CRM-M No.16802 of 2025 (O&M)
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(3) Contends that no recovery of contraband was effected from the possession of petitioner and he was nominated merely on the basis of secret information. Further contends that petitioner is in custody since 10.07.2023. Also contends that earlier petitioner approached this Court by way of CRM-M- 10658-2025 for grant of interim bail and a Coordinate Bench vide order dated 18.03.2025 (P-13) granted the concession of interim bail till 30.04.2025. Again contends that petitioner did not misuse the said concession and surrendered in time. Lastly contends that petitioner’s condition has deteriorated and he requires constant medical attention. (4)
Per contra, learned State Counsel on instructions from the police official concerned has opposed the prayer while submitting that petitioner is a habitual offender and facing five other criminal cases. Further submits that an amount of ` 3,18,000/- was recovered from the possession of petitioner, which was the amount earned by him by illicit trafficking of drugs, arms and ammunition. (5)
Heard learned Counsel for the parties and perused the paper-book. (6)
It transpires that petitioner is facing trial in five other cases and details of which are as under:-
Sr. No. Details of FIR(s)
1.
FIR No.138 dated 01.07.2020, under Sections 22, 29 of the NDPS Act, registered at Police Station Chatiwind, District Amritsar. 2. FIR No.13 dated 21.01.2019, under Section 22 of the NDPS Act, registered at Police Station Tarsikka, District Amritsar. GAGANDEEP 2025.04.05 10:35 I attest to the accuracy and authenticity of this document High Court Chandigarh
CRM-M No.16802 of 2025 (O&M)
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3. FIR No.203/2021, under Sections 22 & 29 of the NDPS Act; Section 52A of the Prisons Act, registered at Police Station Kotwali Kapurthala, District Kapurthala. 4. FIR No.285/2021, under Section 52A of the Prisons Act, registered at Police Station Kotwali District Kapurthala. 5. FIR No.158 dated 05.06.2023, under Sections 21(c) & 25 of the NDPS Act, registered at Police Station STF, STF Wing. (7)
Perusal of the above extract reveals that petitioner is a habitual offender and has no respect for the rule of law. Medical Records (P-9 colly.), appended by the petitioner, also show that petitioner is being provided adequate medical treatment at Central Jail, Amritsar. (8)
In view of the above, no ground is made out to grant the interim regular bail to the petitioner at this stage. (9) Consequently, present petition is disposed off with the observation that petitioner be taken to Hospital for Medical care in case of an emergency and if it is further advised by the Doctor(s) of Central Jail, Amritsar, he be provided specialized treatment. Pending application(s), if any, shall also stand disposed off. 28th March, 2025
( MAHABIR SINGH SINDHU ) Gagan
JUDGE
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
GAGANDEEP 2025.04.05 10:35 I attest to the accuracy and authenticity of this document High Court Chandigarh