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2025 DAILYLAW 49465 (PNJ)

RITIK MALHOTRA v. STATE OF PUNJAB

CRM-M/22285/2025 · 2025-07-23

Manisha Batra

body2025

Judgment text

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CRM-M-22285 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 246 Ritik Malhotra State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Bharatiya Nagarik Suraksha Sanhita, 2023 FIR No. 298 Narcotic Drugs and Psychotropic Substances Act, 1985 Act’) and Section 25 of the Arms Act, 1959 (Section 21 29 of the NDPS Act and Sections 6, 7 and 8 of Arms Act were added later on) at Police Station 2. petition are that Singh @ Laddi, Roshan Singh, Manpreet Singh @ Monu are indulged in smuggling smugglers and that on the said date, aforesaid Sandeep Singh @ Laddi and Roshan Singh were waiting for someone while riding in car bearing registration number PB 22285-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Ritik Malhotra Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr.Vaibhav Narang, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) This petition has been filed by the petitioner under Section tiya Nagarik Suraksha Sanhita, 2023 298 dated 31.12.2023, registered under Section Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, 1959 (Section 21 the NDPS Act and Sections 6, 7 and 8 of Arms Act were added later on) at Police Station Islamabad, District Police C Brief facts of the case relevant for the purpose of disposal of this petition are that on 31.12.2023, on receiving a secret information that Sandeep Singh @ Laddi, Roshan Singh, Manpreet Singh @ Monu are indulged in smuggling of narcotic substance and illegal weapons with the Pakistani smugglers and that on the said date, aforesaid Sandeep Singh @ Laddi and Roshan Singh were waiting for someone while riding in car bearing registration number PB-06-BB-4064, they were apprehende IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22285-2025 (O&M) Date of decision: 23.07.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA , Advocate Ms. Sakshi Bakshi, AAG, Punjab. This petition has been filed by the petitioner under Section 483 of tiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing , registered under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS and Section 25 of the Arms Act, 1959 (Section 21-C, 23, 25, 27-A the NDPS Act and Sections 6, 7 and 8 of Arms Act were added later on) Islamabad, District Police Commissionerate Amritsar. Brief facts of the case relevant for the purpose of disposal of this on receiving a secret information that Sandeep Singh @ Laddi, Roshan Singh, Manpreet Singh @ Monu are indulged in of narcotic substance and illegal weapons with the Pakistani smugglers and that on the said date, aforesaid Sandeep Singh @ Laddi and Roshan Singh were waiting for someone while riding in car bearing 4064, they were apprehended by a police party -1- 2025 (O&M) 23.07.2025 ...Petitioner ...Respondent 483 of seeking regular bail in case bearing of the (for short ‘NDPS and the NDPS Act and Sections 6, 7 and 8 of Arms Act were added later on) Brief facts of the case relevant for the purpose of disposal of this on receiving a secret information that Sandeep Singh @ Laddi, Roshan Singh, Manpreet Singh @ Monu are indulged in of narcotic substance and illegal weapons with the Pakistani smugglers and that on the said date, aforesaid Sandeep Singh @ Laddi and Roshan Singh were waiting for someone while riding in car bearing d by a police party MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-22285 headed by SI Paramjit Singh. On conducting their personal search as well as search of the car, 19 kgs. of heroin, one pistol of 9 cartridges, one country made pistol of .32 bore with 06 live cartridges and one computeriz arrested at the spot. accused Sandeep Singh @ Laddi, recovery of some more illegal arms and ammunition along with drug money of Rs. 15 Lakhs was effected. basis of the disclosure statement suffered by Sandeep Singh present petitioner and several other persons were nominated in this case as accused. The petitioner other case, of necessar Court and presently, the petitioner commission of afore grant of regular bail before the learne dismissed, vide order dated 3. has been falsely implicated in this case. The petitioner spot and statements against him presented. Trial is likely to take time. The petitioner 13.11.2024 anymore. Co 22285-2025 (O&M) headed by SI Paramjit Singh. On conducting their personal search as well as search of the car, 19 kgs. of heroin, one pistol of 9 cartridges, one country made pistol of .32 bore with 06 live cartridges and one computerized weighing scale were recovered. Both of them were formally arrested at the spot. During the course of investigation, on the disclosure of accused Sandeep Singh @ Laddi, recovery of some more illegal arms and ammunition along with drug money of Rs. 15 Lakhs was effected. basis of the disclosure statement suffered by Sandeep Singh present petitioner and several other persons were nominated in this case as The petitioner, who was already in custody in connection with some other case, was formally arrested in this case of necessary investigation and usual formalities, Court and presently, the petitioner along with co commission of aforementioned offences. grant of regular bail before the learned trial Court dismissed, vide order dated 29.03.2025. Learned counsel for the petitioner has argued that the petitioner been falsely implicated in this case. The petitioner and has been involved in this case on the basis of s suffered by co-accused, which is not admissible in him. Investigation has since been completed and presented. Trial is likely to take time. The petitioner 13.11.2024. No useful purpose would be served by keeping Co-accused Satpal Singh @ Satta, Rajpal Singh, Mandeep Singh, headed by SI Paramjit Singh. On conducting their personal search as well as search of the car, 19 kgs. of heroin, one pistol of 9 MM with 06 live cartridges, one country made pistol of .32 bore with 06 live cartridges and one ed weighing scale were recovered. Both of them were formally During the course of investigation, on the disclosure of accused Sandeep Singh @ Laddi, recovery of some more illegal arms and ammunition along with drug money of Rs. 15 Lakhs was effected. On the basis of the disclosure statement suffered by Sandeep Singh @ Laddi, the present petitioner and several other persons were nominated in this case as , who was already in custody in connection with some in this case on 13.11.2024. After completion y investigation and usual formalities, challan was presented in the along with co-accused is facing trial for mentioned offences. He had moved an application for d trial Court but the same had been Learned counsel for the petitioner has argued that the petitioner been falsely implicated in this case. The petitioner was not found at the been involved in this case on the basis of the disclosure accused, which is not admissible in evidence Investigation has since been completed and challan has been presented. Trial is likely to take time. The petitioner is in custody since . No useful purpose would be served by keeping him in custody pal Singh @ Satta, Rajpal Singh, Mandeep Singh, -2- headed by SI Paramjit Singh. On conducting their personal search as well as MM with 06 live cartridges, one country made pistol of .32 bore with 06 live cartridges and one ed weighing scale were recovered. Both of them were formally During the course of investigation, on the disclosure of accused Sandeep Singh @ Laddi, recovery of some more illegal arms and On the @ Laddi, the present petitioner and several other persons were nominated in this case as , who was already in custody in connection with some After completion was presented in the ial for He had moved an application for but the same had been Learned counsel for the petitioner has argued that the petitioner not found at the disclosure evidence has been in custody since in custody pal Singh @ Satta, Rajpal Singh, Mandeep Singh, MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-22285 Sawinder Singh @ Nony, Sahi Singh have orders dated 29.11.2024 passed in CRM-M-3105 parity, the petitioner therefore, urged that the petition deserves to be allowed. 4. submitted therein and learned that the petitioner is not entitled to get benefit of bail as there are serious allegations against him. nature. Trial is going on liable to be dismissed. 5. and have also perused the material placed on record. 6. disclosure also involved in selling heroin with the FIR shows that nor any subsequent recovery is shown to have been effected from petitioner was already in custody when he was nominated in this case and there is nothing on record to show that he was indulged in subject crime making phone calls. been presented before the Court concerned. 22285-2025 (O&M) Sawinder Singh @ Nony, Sahib Singh @ Sabu @ Harpreet Singh and Krishan have already been granted concession of regular bail by this Court, vide dated 29.11.2024, 20.01.2025, 10.03.2025 in CRM-M-42604-2024, CRM-M- 3105-2025 and CRM-M-6688-2025 parity, the petitioner too deserves to be granted the same benefit. therefore, urged that the petition deserves to be allowed. Status report has been filed b submitted therein and learned Assistant Advocate General, Punjab the petitioner is not entitled to get benefit of bail as there are serious allegations against him. The petitioner is involved in Trial is going on at proper pace. It is, thus, argued that the petition is liable to be dismissed. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. The petitioner has been nominated in this case on the basis of disclosure statement suffered by co-accused also involved in selling heroin with him. However, a perusal of the contents of the FIR shows that the petitioner was neither named in the secret information nor any subsequent recovery is shown to have been effected from petitioner was already in custody when he was nominated in this case and there is nothing on record to show that he was indulged in subject crime making phone calls. Investigation has since been completed and been presented before the Court concerned. b Singh @ Sabu @ Harpreet Singh and Krishan already been granted concession of regular bail by this Court, vide , 10.03.2025, 15.05.2025 and 21.05.2025 -63466-2024, CRM-M-54488-2024 2025, respectively. On the grounds of to be granted the same benefit. It is, therefore, urged that the petition deserves to be allowed. Status report has been filed by the respondent-State. It is Advocate General, Punjab has argued the petitioner is not entitled to get benefit of bail as there are serious involved in one more case of similar It is, thus, argued that the petition is learned counsel for the parties at considerable length and have also perused the material placed on record. been nominated in this case on the basis of accused with the allegations that he was . However, a perusal of the contents of ther named in the secret information nor any subsequent recovery is shown to have been effected from him. petitioner was already in custody when he was nominated in this case and there is nothing on record to show that he was indulged in subject crime Investigation has since been completed and challan been presented before the Court concerned. The trial is likely to take time. -3- b Singh @ Sabu @ Harpreet Singh and Krishan already been granted concession of regular bail by this Court, vide .05.2025 and 21.05.2025 2024, ounds of It is, State. It is has argued the petitioner is not entitled to get benefit of bail as there are serious of similar It is, thus, argued that the petition is learned counsel for the parties at considerable length been nominated in this case on the basis of the he was . However, a perusal of the contents of ther named in the secret information . The petitioner was already in custody when he was nominated in this case and there is nothing on record to show that he was indulged in subject crime by challan has The trial is likely to take time. MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document CRM-M-22285 The petitioner were also nominated on the basis of the disclosure statements, have been granted concession of regular bail by this Court, as mentioned above. Therefore, k considered opinion that petitioner in custody anymore. The petitioner furnishing personal/surety bonds to the satisfaction of the tri Magistrate concerned. for cancellation of bail in case the subsequent case. 7. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 23.07.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 22285-2025 (O&M) The petitioner is in custody since 13.11.2024 were also nominated on the basis of the disclosure statements, have been granted concession of regular bail by this Court, as mentioned above. Therefore, keeping in view the discussion as made above, I am of the considered opinion that no useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition The petitioner is ordered to be released on regular bail, subject to furnishing personal/surety bonds to the satisfaction of the tri Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner subsequent case. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 23.07.2025 Whether speaking/reasoned Whether reportable 13.11.2024. Above named co-accused, who were also nominated on the basis of the disclosure statements, have already been granted concession of regular bail by this Court, as mentioned above. eeping in view the discussion as made above, I am of the ful purpose would be served by keeping the Accordingly, the present petition is allowed. ordered to be released on regular bail, subject to furnishing personal/surety bonds to the satisfaction of the trial Court/Duty However, it will be open for the prosecution to apply petitioner is found involved in any other It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) JUDGE Yes/No Yes/No -4- , who already been granted concession of regular bail by this Court, as mentioned above. eeping in view the discussion as made above, I am of the ful purpose would be served by keeping the is allowed. ordered to be released on regular bail, subject to his al Court/Duty However, it will be open for the prosecution to apply found involved in any other It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.07.24 10:32 I attest to the accuracy and integrity of this document