CRM-M-68034- IN THE H (239) AVTAR SINGH STATE OF PUNJ CORAM: HON Present: Mr. Mr. G Ms. S MANISHA BATR 1. The p Section 483 of Bh for grant of regul registered under S Substances Act (fo Rural. 2. The allegations that th recovery of 16 gra conscious possessi -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH NGH @ DUMBLE Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Vipin Mahajan, Senior Advocate Mr. Gaganbir Kaur Kahlon, Advocate Ms. Sakshi Bakshi, AAG, Punjab ****
BATRA, J. (ORAL)
The present petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 21, 27A and 29 of Nar Act (for short NDPS) at Police Station The aforementioned FIR was regis that the petitioner was apprehended o 16 grams of heroin and drug money of ossession. He was interrogated and su JAB AND HARYANA AT ARH
CRM-M-68034-2025 (O&M) Date of decision : 02.02.2026 ... Petitioner ...Respondent ANISHA BATRA
vocate with vocate for the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.164 dated 08.10.2025 of Narcotic Drugs and Psychotropic Station Chattiwind, District Amritsar registered on 08.10.2025, on the nded on the basis of suspicion and ney of Rs.400 was effected from his and suffered disclosure statement on M) 2026 oner
dent
nder ) 2025 ropic ritsar the and his nt on AMIT SHARMA 2026.02.03 16:20 I attest to the accuracy and integrity of this order/judgment. CRM-M-68034- the basis of which Investigation is sti 3. It is a been falsely impli him, which is a no not attracted qua h incarceration is no three cases regist released on bail. 4. Status State counsel. It i petitioner, the fac gravity of the alleg be released on bail 5. This both the parties. 6. Non from the consciou out prima facie petitioner, howeve investigation and allegations as lev further pre-trial in -2025 (O&M) 2 which one Bikramjit Singh @ Bikkar n is still going on. It is argued by learned Senior counse implicated in this case. A false rec is a non-commercial quantity. The rig qua him. He is not required for furt n is not going to serve any useful pur registered against him. It is thus a Status report and custody certificate el. It is argued that taking into consid he fact that even investigation has e allegations as leveled against the pet on bail. This Court has heard the rival subm Non-commercial quantity of the co nscious possession of the petitioner. facie a case for commission of sub owever, he is incarceration for a perio n and trial will take time to conclu leveled against the petitioner, this trial incarceration of the petitioner i ikkar was nominated as an accused. counsel for the petitioner that he has lse recovery has been planted upon he rigors of Section 37 of NDPS are or further investigation. His further ful purpose. He is on bail in all the thus argued that he deserves to be tificate have been filed by learned consideration the antecedents of the n has not been completed and the the petitioner, he does not deserve to l submissions made by counsel for the contraband has been recovered ioner. Though the allegations make of subject offences as against the a period of about four months. The onclude. Given the nature of the r, this Court is of the opinion that ioner is not required as no fruitful used. e has upon S are rther ll the o be rned f the the to l for ered ake t the The f the that itful AMIT SHARMA 2026.02.03 16:20 I attest to the accuracy and integrity of this order/judgment. CRM-M-68034- purpose would be well settled propos of post-conviction Taking into consid that the petitioner is allowed and th furnishing persona Court/Chief Judici 7. It is cla as an expression o influence the outco 8. Since any, is rendered in 02.02.2026 Amit Sharma -2025 (O&M) 3 uld be served by detaining the petitio proposition of law that pre-trial incarc iction sentence and that even bail is th consideration the above discussed fac tioner has made out a case for grant of and the petitioner is ordered to be re ersonal as well as surety bonds to the Judicial Magistrate/Duty Magistrate c t is clarified that the observations mad sion of opinion of this Court on the m e outcome of the trial in any manner. Since the main petition has been all ered infructuous.
(MA Whether speaking/reasoned:- Yes
  
petitioner in custody anymore. It is incarceration should not be a replica il is the rule and jail is an exception. ed facts, this Court is of the opinion rant of bail. Accordingly, the petition be released on bail subject to his to the satisfaction of the learned trial trate concerned. s made above shall not be construed the merits of the case and shall not nner. een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
It is plica tion. inion tition o his trial trued ll not n, if AMIT SHARMA 2026.02.03 16:20 I attest to the accuracy and integrity of this order/judgment.