214 IN THE HIGH COURT OF PUNJAB AND HARYANA ASHOK KUMAR STATE OF PUNJAB CORAM: HON’BLE MR. Present: Mr. Satnam Singh Gill, for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR 1. This is the first petition filed Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in case bearing FIR No. 1985 (Section 29 of NDPS Act added later on) Bhawanigarh, District 2. As per prosecution version, the FIR basis of secret information with the allegation that Ashok Kumar (petitioner herein) trying to get the car, bearing registration No.HR 31R on Bhawanigarh Samana Road, and two plastic bags were lying in the rear seat of said car from which poppy husk was clearly visible the said contraband can be recovered. Accordingly, however, nobody was apprehended from the spot. On plastic bags containing 20 kilograms each of poppy husk i.e. total 80 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ASHOK KUMAR V/S PUNJAB HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Satnam Singh Gill, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. **** HARPREET SINGH BRAR, J. (ORAL) This is the first petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in case bearing FIR No.151 dated 02.09.2023 under Sections 1985 (Section 29 of NDPS Act added later on) , District Sangrur. As per prosecution version, the FIR basis of secret information with the allegation that (petitioner herein), who were closely related to each other, were trying to get the car, bearing registration No.HR 31R on Bhawanigarh Samana Road, and two plastic bags were lying in the rear seat of said car from which poppy husk was clearly visible the said contraband can be recovered. Accordingly, body was apprehended from the spot. On plastic bags containing 20 kilograms each of poppy husk i.e. total 80 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18471-2025 Date of decision: 09.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Mr. Sandeep Kumar, DAG, Punjab. under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail to the petitioner in under Sections 15 of NDPS Act, 1985 (Section 29 of NDPS Act added later on) registered at Police Station As per prosecution version, the FIR (supra) was registered on the basis of secret information with the allegation that one Dinesh Malik and , who were closely related to each other, were trying to get the car, bearing registration No.HR 31R-6483, repaired standing on Bhawanigarh Samana Road, and two plastic bags were lying in the rear seat of said car from which poppy husk was clearly visible and if raid is conducted, the said contraband can be recovered. Accordingly, raid was conducted, body was apprehended from the spot. On checking of the car, four plastic bags containing 20 kilograms each of poppy husk i.e. total 80 MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18471 kilograms of poppy husk, was recovered. F Aadhar Card of of Dinesh Malik Ram Singh, were recovered. The recovered materi possession in accordance with law. On his interrogation, co nominated in this case and the offence under Section 29 of NDPS Act was added. The contraband recovered from the petitioner and co under the commercial quantity. the petitioner. 3. Learned counsel for the petitioner, the case set up by the prosecution 80 kgs of Poppy Husk was recovered from a car, which is owned by one Satish and as per the investigation conducted by the police, the car in question was sold by its owner Satish to co Dinesh Malik. Further, one of the co granted the concession of anticipato M No.4892 of 2024 placed co-accused namely, Dinesh Malik has been granted the concession of regular bail by a Co No.36035 of 2024 counsel submits that i recovered from the conscious possession of the petitioner and neither was he arrested at the spot discovery of Aadhar Card and Driving Licence f Card of co-accused been granted the concession of anticipatory bail by this Court. Furthermore, 18471-2025 2 poppy husk, was recovered. From further search of the car, ard of petitioner-Ashok Kumar, his driving licence and Dinesh Malik and RC of said car issued in the name of one Satis Ram Singh, were recovered. The recovered materi possession in accordance with law. On his interrogation, co nominated in this case and the offence under Section 29 of NDPS Act was added. The contraband recovered from the petitioner and co commercial quantity. Hence, the FIR ( Learned counsel for the petitioner, the case set up by the prosecution 80 kgs of Poppy Husk was recovered from a which is owned by one Satish and as per the investigation conducted by the police, the car in question was sold by its owner Satish to co Dinesh Malik. Further, one of the co-accused, namely, Ajay Kumar has been granted the concession of anticipatory bail by this Court in case bearing No.4892 of 2024 titled as ‘Ajay Kumar vs. State of Punjab’ accused namely, Dinesh Malik has been granted the concession of regular bail by a Co-ordinate Bench of this Court in case bearing No.36035 of 2024 titled as ‘Dinesh Malik vs. State of Punjab’ counsel submits that it is the admitted case of the prosecution that nothing was recovered from the conscious possession of the petitioner and neither was he arrested at the spot and he has been nominated as accused on the basis of discovery of Aadhar Card and Driving Licence f accused, namely, Ajay Kumar was also found in the car, who has been granted the concession of anticipatory bail by this Court. Furthermore, rom further search of the car, Ashok Kumar, his driving licence and Aadhar card and RC of said car issued in the name of one Satish son of Ram Singh, were recovered. The recovered material was taken into police possession in accordance with law. On his interrogation, co-accused Ajay was nominated in this case and the offence under Section 29 of NDPS Act was added. The contraband recovered from the petitioner and co-accused falls Hence, the FIR (supra) was registered against Learned counsel for the petitioner, inter alia, contends that as per the case set up by the prosecution 80 kgs of Poppy Husk was recovered from a which is owned by one Satish and as per the investigation conducted by the police, the car in question was sold by its owner Satish to co-accused accused, namely, Ajay Kumar has been ry bail by this Court in case bearing CRM- ‘Ajay Kumar vs. State of Punjab’ and identically accused namely, Dinesh Malik has been granted the concession of ordinate Bench of this Court in case bearing CRM-M Dinesh Malik vs. State of Punjab’. Learned admitted case of the prosecution that nothing was recovered from the conscious possession of the petitioner and neither was he been nominated as accused on the basis of discovery of Aadhar Card and Driving Licence from the car. Further, Aadhar Ajay Kumar was also found in the car, who has been granted the concession of anticipatory bail by this Court. Furthermore, MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18471 the story propounded by the prosecution is highly improbable in this regard and otherwise there is no legal evidence to connect the petitioner with the alleged recovery of contraband. clean antecedents as he is not involved in any other case. 4. Learned State counsel petitioner, which is take on record and petitioner on the ground that petitioner were found in the car, from which, 80 kgs of Poppy Husk was recovered and the said quantity falls within the ambit of commercial quantity. However, he could not controvert the fact that similarly situated co have been granted the concession of anticipatory and regular bail by this Court. 5. A two Judge Bench of Kumar Antil v. CBI’ of undertrial prisoner in India has observed: 18471-2025 3 the story propounded by the prosecution is highly improbable in this regard and otherwise there is no legal evidence to connect the petitioner with the alleged recovery of contraband. Lastly, he submits that the petitioner is having clean antecedents as he is not involved in any other case. earned State counsel produces the petitioner, which is take on record and per contra, on the ground that Aadhar Card and Driving Licence of the petitioner were found in the car, from which, 80 kgs of Poppy Husk was nd the said quantity falls within the ambit of commercial quantity. However, he could not controvert the fact that similarly situated co have been granted the concession of anticipatory and regular bail by this A two Judge Bench of Hon’ble Supreme Court in ‘ Kumar Antil v. CBI’ (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed: “6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would in 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an the story propounded by the prosecution is highly improbable in this regard and otherwise there is no legal evidence to connect the petitioner with the submits that the petitioner is having clean antecedents as he is not involved in any other case. produces the custody certificate of the per contra, opposes the prayer of the Aadhar Card and Driving Licence of the petitioner were found in the car, from which, 80 kgs of Poppy Husk was nd the said quantity falls within the ambit of commercial quantity. However, he could not controvert the fact that similarly situated co-accused have been granted the concession of anticipatory and regular bail by this Hon’ble Supreme Court in ‘Satender , with respect to prevailing conditions 6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment CRM-M-18471 6. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bar since 01.02.2025. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. likely to take long time as out of 26 witnesses cited by the prosecution, none has been examined so far. time of trial. No useful accused/petitioner. Keeping the petitioner in further detention prospect of the trial being concluded in the near future, would be his rights under Article 21 of the Constitution 7. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the outcome of the trial, the petitioner regular bail during the pendency of the trial on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 8. Nothing observed hereinabove shall be construed as expression of opinion of this Cou without being prejudiced by observations of this Court. April 09, 2025 manisha (i) (ii) 18471-2025 4 impression that it is a police State as both are conceptu opposite to each other.” Having heard learned counsel for the parties and after perusing record of the case, it transpires that the petitioner is behind the bar since . Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. likely to take long time as out of 26 witnesses cited by the prosecution, none has been examined so far. The culpability, if any, would be time of trial. No useful purpose shall be served by further accused/petitioner. Keeping the petitioner in further detention prospect of the trial being concluded in the near future, would be his rights under Article 21 of the Constitution of India. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the outcome of the trial, the petitioner-Ashok Kumar regular bail during the pendency of the trial on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable impression that it is a police State as both are conceptually Having heard learned counsel for the parties and after perusing record of the case, it transpires that the petitioner is behind the bar since . Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. The trial of the case is likely to take long time as out of 26 witnesses cited by the prosecution, none The culpability, if any, would be determined at the purpose shall be served by further detention of the accused/petitioner. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of of India. In view of the above, the present petition is allowed. Thus, without commenting upon the merits of the case, lest it may prejudice the Ashok Kumar is ordered to be released on regular bail during the pendency of the trial on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. Nothing observed hereinabove shall be construed as expression of rt on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.09 17:33 I attest to the accuracy and authenticiy of this order/judgment