IN THE HIGH COURT OF PUNJAB & HARYANA 239 SUKHDEV SINGH STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J. (ORAL) 1. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 the petitioner in case FIR No. of Narcotic Drugs and Ps Police Station (Annexure P- 2. a false and fabricated case has been planted upon the petitioner contended that as per the case of the prosecution, a secret information was received qua counsel submits that subsequently, when the police reached petitioner, he was found police, he threw away the bag containing contrab of Tramadol were then recovered recovery initially made from the bag alleged petitioner weighed less than 250 grams (less than the commercial quantity). Subsequently, after two days, a disclosure statement was shown to have been IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: SUKHDEV SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. P.S. Sekhon, Advocate and Ms. Nidhi, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab with SI Balraj Singh. MANJARI NEHRU KAUL, J. (ORAL) The instant petition is the second petition Bharatiya Nagarik Suraksha Sanhita, 2023 the petitioner in case FIR No.57 dated 08.04.2024 Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Special Task Force, Sector-79 -1). Learned counsel for the petitioner submits that a false and fabricated case has been planted upon the petitioner contended that as per the case of the prosecution, a secret information was qua the petitioner’s involvement in drug trafficking. counsel submits that subsequently, when the police reached petitioner, he was found standing outside with a bag and on police, he threw away the bag containing contrab of Tramadol were then recovered. Learned counsel has submitted that the recovery initially made from the bag alleged petitioner weighed less than 250 grams (less than the commercial quantity). ntly, after two days, a disclosure statement was shown to have been IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-20610-2025 Date of decision: July 17, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Amit Rana, Sr. DAG, Punjab is the second petition filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to 08.04.2024 under Sections 22 and 29 ychotropic Substances Act, 1985, registered at 79, Sohana, District SAS Nagar Learned counsel for the petitioner submits that on the face of it, a false and fabricated case has been planted upon the petitioner. It has been contended that as per the case of the prosecution, a secret information was the petitioner’s involvement in drug trafficking. Learned counsel submits that subsequently, when the police reached the house of the standing outside with a bag and on sighting the police, he threw away the bag containing contraband, from which 800 tablets Learned counsel has submitted that the recovery initially made from the bag alleged to have been thrown by the petitioner weighed less than 250 grams (less than the commercial quantity). ntly, after two days, a disclosure statement was shown to have been Petitioner .....Respondent filed under Section for grant of regular bail to 22 and 29 , registered at SAS Nagar on the face of it, . It has been contended that as per the case of the prosecution, a secret information was Learned the house of the the , from which 800 tablets Learned counsel has submitted that the to have been thrown by the petitioner weighed less than 250 grams (less than the commercial quantity). ntly, after two days, a disclosure statement was shown to have been Jaspreet Kaur 2025.07.17 17:30 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20610 made by the petitioner, leading to recov Tramadol from none other than the same place i.e. initially apprehended vehemently asserted that it leaves no manner of doubt that the petitioner is innocent. Learned counsel for the petitioner has also submitted that the trial is progressing at a very slow pace as cited still remain to be future. 3. petitioner in the Court today, which is taken on record subject to all just exceptions. 4. and submissions made by the counsel opposite information had been received to the initial recovery of 10.04.2024, the petitioner made another disclosure statement, pursuant to which, additio tablets, which is classified as ‘commercial’ under the NDPS Act 5. petitioner has no improbable that such a huge quantity would have been planted u petitioner. However, learned State counsel, on instructions, disputed that the after the presentation of challan on 20.07. of charges on 29.07.2024, 4 have been completely up, which leaves 11 prosecution witnesses still remaining to be examined. 6. relevant material placed on record. 7. petitioner has 20610-2025 made by the petitioner, leading to recovery of additional 200 tablets of Tramadol from none other than the same place i.e. apprehended on 08.04.2024. Learned vehemently asserted that it leaves no manner of doubt that the petitioner is Learned counsel for the petitioner has also submitted that the trial is progressing at a very slow pace as 11 prosecution witnesses out of the 20 still remain to be examined and trial is Learned State counsel has filed in the Court today, which is taken on record subject to all just Per contra, learned State counsel, while opposing and submissions made by the counsel opposite information had been received qua the involvement of the petitioner, leading to the initial recovery of 800 tablets of Tramadol; subsequently, 10.04.2024, the petitioner made another disclosure statement, pursuant to which, additional 200 tablets of Tramadol were recovered totaling tablets, which is classified as ‘commercial’ under the NDPS Act Learned State counsel has further submitted that although the petitioner has no previous criminal antecedents, however, it is improbable that such a huge quantity would have been planted u petitioner. However, learned State counsel, on instructions, disputed that the after the presentation of challan on 20.07. of charges on 29.07.2024, 4 out of the 20 witnesses cited by the prosecution completely examined, 3 partly examined and 2 have been given up, which leaves 11 prosecution witnesses still remaining to be examined. I have heard learned counsel for the parties and perused relevant material placed on record. The petitioner has been in custody since has no previous criminal antecedents. -2- ery of additional 200 tablets of Tramadol from none other than the same place i.e. his house, where he was on 08.04.2024. Learned counsel has, therefore, vehemently asserted that it leaves no manner of doubt that the petitioner is Learned counsel for the petitioner has also submitted that the trial prosecution witnesses out of the 20 unlikely to conclude in the near State counsel has filed custody certificate of the in the Court today, which is taken on record subject to all just , learned State counsel, while opposing the prayer and submissions made by the counsel opposite, has submitted that a secret e involvement of the petitioner, leading 800 tablets of Tramadol; subsequently, on 10.04.2024, the petitioner made another disclosure statement, pursuant to nal 200 tablets of Tramadol were recovered totaling 1000 tablets, which is classified as ‘commercial’ under the NDPS Act. Learned State counsel has further submitted that although the previous criminal antecedents, however, it is highly improbable that such a huge quantity would have been planted upon the petitioner. However, learned State counsel, on instructions, has not been disputed that the after the presentation of challan on 20.07.2024 and framing out of the 20 witnesses cited by the prosecution , 3 partly examined and 2 have been given up, which leaves 11 prosecution witnesses still remaining to be examined. I have heard learned counsel for the parties and perused the The petitioner has been in custody since 08.04.2024. The antecedents. The trial is unlikely to ery of additional 200 tablets of his house, where he was counsel has, therefore, vehemently asserted that it leaves no manner of doubt that the petitioner is Learned counsel for the petitioner has also submitted that the trial prosecution witnesses out of the 20 unlikely to conclude in the near custody certificate of the in the Court today, which is taken on record subject to all just the prayer bmitted that a secret e involvement of the petitioner, leading on 10.04.2024, the petitioner made another disclosure statement, pursuant to 1000 Learned State counsel has further submitted that although the highly pon the has not been d framing out of the 20 witnesses cited by the prosecution , 3 partly examined and 2 have been given the The to Jaspreet Kaur 2025.07.17 17:30 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20610 conclude in the near future as examined. 8. Court deems it fit to extend the concession of regular bail to the petitioner as the trial would take considerable time to conclude. 9. be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 10. shall not be construed to be an expression of o case. 11. the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. July 17, 2025 Jaspreet Kaur 20610-2025 conclude in the near future as 11 prosecution witnesses still remain to be In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner as the trial would take considerable time to conclude. Accordingly, the instant petition is allowed be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of o Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. July 17, 2025 Whether speaking/reasoned Whether reportable -3- prosecution witnesses still remain to be cumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner as the trial would take considerable time to conclude. Accordingly, the instant petition is allowed, and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No prosecution witnesses still remain to be cumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner as and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of However, it is made clear that anything observed hereinabove inion on the merits of the Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to Jaspreet Kaur 2025.07.17 17:30 I attest to the accuracy and integrity of this document Chandigarh