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2025 DAILYLAW 41979 (PNJ)

NEETA KAUR ALIAS GEETA v. STATE OF PUNJAB

CRM-M/18217/2025 · 2025-05-15

Manisha Batra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA 220 NEETA KAUR @ GEETA STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Ms. Amandeep Kaur, Advocate for Mr. Narinder S. Lucky Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA 1. Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner in case Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDP 2. Vide order dated 03.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated 03.04.2025, passed by this Court, reads as under: Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks grant of anticipatory bail in case arising out of FIR No. 25 dated 08.03.2025, registered under Sections 21 and 29 of the short ‘NDPS Act’) Police Station Khalra, District Tarn Taran. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: NEETA KAUR @ GEETA Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Ms. Amandeep Kaur, Advocate for Mr. Narinder S. Lucky Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. **** MANISHA BATRA, J. (oral) Prayer in this petition, filed under Section 482 of Bhar Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory bail to the petitioner in case FIR No. 25 dated 08.03.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) Police Station Khalra, District Tarn Taran Vide order dated 03.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated 03.04.2025, passed by this Court, reads as under: “Through the instant petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks grant of anticipatory bail in case arising out of FIR No. 25 dated 08.03.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) Police Station Khalra, District Tarn Taran. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.18217 of 2025 Date of decision: 15.05.2025 …. Petitioner …. Respondent MANISHA BATRA Ms. Amandeep Kaur, Advocate for Mr. Narinder S. Lucky, . Prayer in this petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory FIR No. 25 dated 08.03.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, S Act’) Police Station Khalra, District Tarn Taran. Vide order dated 03.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated 03.04.2025, passed by this Court, reads as under: gh the instant petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks grant of anticipatory bail in case arising out of FIR No. 25 dated 08.03.2025, registered under Sections 21 and 29 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) Police Station Khalra, District Tarn Taran. tiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), is for grant of anticipatory FIR No. 25 dated 08.03.2025, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, Vide order dated 03.04.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. Order dated gh the instant petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), the petitioner seeks grant of anticipatory bail in case arising out of FIR No. 25 dated 08.03.2025, registered under Sections 21 and 29 Narcotic Drugs and Psychotropic Substances Act, 1985 (for Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document CRM Gurpreet Singh, who is husband of the present petitioner, was apprehended by heroin was effected from him. The petitioner was nominated in this case on the basis of the disclosure statement suffered by above named co had moved an applicat Court of learned Judge, Special Court, Tarn Tarn but the same had been dismissed, vide order dated 25.03.2025. petitioner has been falsely implicated in t nominated in this case on the basis of the disclosure statement suffered by the aforesaid co evidence against her. She has clean antecedents. More so, the alleged recovery of the contraband effecte does not fall under commercial quantity. She is ready to join the investigation. No recovery is to be effected from her. No useful purpose would be served by detaining her into custody. It is, therefore, urged that the petition deserv motion. in Court, accepts notice on behalf of the respondent seeks some time to file the status report. CRM-M No.18217 of 2025 Brief facts of the case are that on 08.03.2025, co Gurpreet Singh, who is husband of the present petitioner, was apprehended by the police party and recovery of 41 grams of heroin was effected from him. The petitioner was nominated in this case on the basis of the disclosure statement suffered by above named co-accused. Apprehending her arrest, the petitioner had moved an application for grant of anticipatory bail before the Court of learned Judge, Special Court, Tarn Tarn but the same had been dismissed, vide order dated 25.03.2025. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in t nominated in this case on the basis of the disclosure statement suffered by the aforesaid co-accused, which is not admissible in evidence against her. She has clean antecedents. More so, the alleged recovery of the contraband effecte does not fall under commercial quantity. She is ready to join the investigation. No recovery is to be effected from her. No useful purpose would be served by detaining her into custody. It is, therefore, urged that the petition deserv motion. Ms. Ruchika Sabherwal, Sr. DAG, Punjab, who is present in Court, accepts notice on behalf of the respondent seeks some time to file the status report. List again on 06.05.2025. M No.18217 of 2025 -2- Brief facts of the case are that on 08.03.2025, co-accused Gurpreet Singh, who is husband of the present petitioner, was the police party and recovery of 41 grams of heroin was effected from him. The petitioner was nominated in this case on the basis of the disclosure statement suffered by accused. Apprehending her arrest, the petitioner ion for grant of anticipatory bail before the Court of learned Judge, Special Court, Tarn Tarn but the same had been dismissed, vide order dated 25.03.2025. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. She has been nominated in this case on the basis of the disclosure statement accused, which is not admissible in evidence against her. She has clean antecedents. More so, the alleged recovery of the contraband effected from the co-accused does not fall under commercial quantity. She is ready to join the investigation. No recovery is to be effected from her. No useful purpose would be served by detaining her into custody. It is, therefore, urged that the petition deserves to be allowed. Notice of Ms. Ruchika Sabherwal, Sr. DAG, Punjab, who is present in Court, accepts notice on behalf of the respondent-State and seeks some time to file the status report. accused Gurpreet Singh, who is husband of the present petitioner, was the police party and recovery of 41 grams of heroin was effected from him. The petitioner was nominated in this case on the basis of the disclosure statement suffered by accused. Apprehending her arrest, the petitioner ion for grant of anticipatory bail before the Court of learned Judge, Special Court, Tarn Tarn but the same Learned counsel for the petitioner has argued that the his case. She has been nominated in this case on the basis of the disclosure statement accused, which is not admissible in evidence against her. She has clean antecedents. More so, the accused does not fall under commercial quantity. She is ready to join the investigation. No recovery is to be effected from her. No useful purpose would be served by detaining her into custody. It is, es to be allowed. Notice of Ms. Ruchika Sabherwal, Sr. DAG, Punjab, who is present State and Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document CRM contraband recovered in this case is small and the petitioner is not involved in any other case under the NDPS Act and has been nominated in this case on the basis of the disclosure statement suffered by co Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of her arrest, the Investigating/Arresting Officer shall release the petitioner on ad satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023 3. Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner has joined investigation on 09.04.2025 and he is not required for custodial interrogation. 4. Keeping in view the above mentioned facts and circums without commenting on the merits of the case, the present petition is allowed and the order dated 03.04.2025, granting interim bail to the petitioner, is made absolute, subject to grant of anticipatory bail. 15.04.2025 Jyoti-IV CRM-M No.18217 of 2025 Considering the fact that the contraband recovered in this case is small and the petitioner is not involved in any other case under the NDPS Act and has been nominated in this case on the basis of the disclosure statement suffered by co-accused, she is directed Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of her arrest, the Investigating/Arresting Officer shall release the petitioner on ad-interim bail subj satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023 Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner has joined investigation on 09.04.2025 and he is not required for custodial interrogation. Keeping in view the above mentioned facts and circums without commenting on the merits of the case, the present petition is allowed and the order dated 03.04.2025, granting interim bail to the petitioner, is made subject to compliance of usual terms and conditions requisite for cipatory bail. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.18217 of 2025 -3- Considering the fact that the quantity of the alleged contraband recovered in this case is small and the petitioner is not involved in any other case under the NDPS Act and has been nominated in this case on the basis of the disclosure statement accused, she is directed to appear before the Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of her arrest, the Investigating/Arresting Officer shall interim bail subject to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner has joined investigation on 09.04.2025 and he is not required for custodial interrogation. Keeping in view the above mentioned facts and circumstances, without commenting on the merits of the case, the present petition is allowed and the order dated 03.04.2025, granting interim bail to the petitioner, is made compliance of usual terms and conditions requisite for (MANISHA BATRA) JUDGE Yes/No. Yes/No quantity of the alleged contraband recovered in this case is small and the petitioner is not involved in any other case under the NDPS Act and has been nominated in this case on the basis of the disclosure statement to appear before the Investigating/Arresting Officer to join investigation within one week or as and when subsequently required thereafter. In the event of her arrest, the Investigating/Arresting Officer shall ect to his/her satisfaction. The petitioner shall also abide by the conditions as Learned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner has joined investigation on tances, without commenting on the merits of the case, the present petition is allowed and the order dated 03.04.2025, granting interim bail to the petitioner, is made compliance of usual terms and conditions requisite for Jyoti 2025.05.16 09:26 I attest to the accuracy and integrity of this document