CRM-M-20826-2025 -1- 227 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20826-2025 Date of Decision: 18.08.2025. Lala Singh …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Puneet Bali, Advocate with Ms. Kamlesh, Advocate, for the petitioner. Mr. M.S.Bajwa, Deputy Advocate General, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.0140 dated 27.10.2023 registered under Sections 15/29/61/85 of NDPS Act, at Police Station Amargarh, District Malerkotla. 2. As per case of the prosecution, on 27.10.2023, an information was received that the present petitioner brings poppy husk from out of State to sell in the area and if nakkabandi is put up, he can be apprehended and thereafter, the petitioner was apprehended and from his search, 52 Kg of poppy husk was recovered, which he was carrying in a car. 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the prosecution story is highly improbable and unnatural and has been concocted by the police officials in order to register a false case against the petitioner. The petitioner has no concern whatsoever with the alleged commission of crime. The petitioner is not owner of the alleged vehicle from where the alleged recovery was affected, however, he has been falsely roped in the present case by HEMLATA 2025.08.20 00:28 I attest to the accuracy and integrity of this document CRM-M-20826-2025 -2- the police due to some ulterior motive. The petitioner is in custody since 27.10.2023 and the final report under Section 173 Cr.P.C. has already been presented against him. Trial is likely to take long time. No useful purpose will be served by further detention of the petitioner in custody. Thus, it is prayed that he may be released on regular bail. In support of his contentions, learned counsel for the petitioner has relied upon judgments in (i) CRM-M-37684- 2021, Balwinder Singh vs. State of Punjab, decided on 14.02.2022; (ii) CRM-M-8212-2022, Tajinder Singh vs. State of Punjab, decided on 03.03.2022 and (iii) CRM-M-35186-2016, Manjit Kaur @ Jeeto vs. State of Punjab, decided on 01.12.2016. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. 5. Keeping in view the facts and circumstances of the case, custody period of the petitioner and also the fact that the quantity of alleged contraband is marginally above the ‘commercial quantity’, but without commenting on merits of the case, I am of the considered view that the petitioner deserves the concession of regular bail. 6. Therefore, the petition is allowed and the petitioner is ordered to be released on regular bail on furnishing of bail/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate concerned, subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the HEMLATA 2025.08.20 00:28 I attest to the accuracy and integrity of this document CRM-M-20826-2025 -3- facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. (viii) The petitioner shall report every 1st Monday in English calander month to the concerned SHO till the conclusion of the trial and SHO shall mark his presence by making an entry in the rojnamcha. In case, he does not report on every 1st Monday to the concerned SHO, it shall be viewed seriously and the concession granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an appropriate application in this regard. (N.S.SHEKHAWAT) 18.08.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.08.20 00:28 I attest to the accuracy and integrity of this document