Extracted from the PDF above. The PDF is authoritative.
CRM-M-22794-2025 -1- 244
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22794-2025 Date of Decision:30.07.2025 DHARMINDER SINGH …PETITIONER VS.
STATE OF PUNJAB …RESPONDENT
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Prashant Vashisth, Advocate for the petitioner. Mr. Ravneet Singh Joshi, Deputy, A.G., Punjab. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the 2nd petition under Section 439 of Cr.P.C. with a prayer to grant regular bail to him in case FIR No.108 dated 17.05.2022, registered under Sections 18(c) of NDPS Act 1985, Police Station Lambi, Sri Muktsar Sahib.
2. As per prosecution version, the petitioner was apprehended by the police party at the spot and 2 kg 600 grams opium was recovered from his conscious possession on 17.05.2022, which is marginally above commercial quantity.
3.
Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case and no recovery was effected from him. The petitioner is in custody since 17.05.2022 and the final report under Section 173 Cr.P.C. has already been presented against him. He further submits that out of total 15 witnesses, only 01 witness has been examined so far and the VIPIN KUMAR 2025.07.31 10:47 I attest to the accuracy and integrity of this judgment/order
CRM-M-22794-2025 -2- 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. I have heard the learned counsel for the parties and perused the record carefully.
6. 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.
7. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. 30.07.2025
(N.S. SHEKHAWAT) vipin
JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.07.31 10:47 I attest to the accuracy and integrity of this judgment/order