CRM-M-22963-2025 -1- 255 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22963-2025 Date of Decision:21.07.2025 Kiranjit Kaur …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vishavjeet Singh Rishi, Advocate and Ms. Divya Sharma, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to her in case FIR No.102 dated 20.06.2022 registered under Section 22 of NDPS Act and Section 61 of Excise Act, 1914, at Police Station Bhikhi, District Mansa. 2. As per case of the prosecution, on 20.06.2022, the petitioner was found in possession of 200 tablets of Etabal-P (Etizolam and Propanol HCL Tablets), which falls under the commercial quantity. 3. Learned counsel for the petitioner submits that the petitioner has been falsely involved in the present case. He further submits that the petitioner was granted interim bail by the Special Court, Mansa, vide order dated 02.08.2022 on the ground of non-receipt of FSL report. After receiving the FSL report, the petitioner was arrested on 02.05.2023 and since then, she is in custody. After completion of investigation, challan has been presented and HEMLATA 2025.07.22 22:57 I attest to the accuracy and integrity of this document CRM-M-22963-2025 -2- charges have been framed against her. Further, the prosecution has been examined only one witness, out of total 10 witnesses so far. Thus, further custody of the petitioner will not serve any meaningful purpose. Learned counsel for the petitioner has relied upon the law laid down by the Hon'ble Supreme Court in the matter of SLP No. 6690 of 2022, titled as “Dheeraj Kumar Shukla Vs. State of Uttar Pradesh”, in which the Hon'ble Supreme Court held as follows:- “2. The allegations are that on a secret information, the police au- thorities intercepted two vehicles on 23.06.2020 i.e. one 'Gray' coloured 'Honda City' car and the second 'White' coloured ' Swift Dzire' car. On an interrogation at the spot, Praveen Maurya @ Puneet Maurya, Rishab Kumar Maurya and Dheeraj Kumar Shukla were found to be occupants of the 'Honda City' car whereas the petitioner was driving the 'Swift Dzire' car. On taking a search, more than 92 kgs. Ganja was allegedly recovered from 'Honda City' car where as more than 65 kgs. Ganja was recovered from 'Swift Dzire' Car. The accused were arrested at the spot. The petitioner is, thus, in custody since 24.06.2020. 3. It appears that some of the occupants of the 'Honda City' Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed. 4. For the reasons stated above but without expressing any views on the merits of the case, the petitioner is directed to be HEMLATA 2025.07.22 22:57 I attest to the accuracy and integrity of this document CRM-M-22963-2025 -3- released on bail subject to his furnishing bail bonds to the satisfaction of the trial Court.” 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the quantity of contraband recovered from the petitioner is commercial in nature and the rigors of Section 37 of NDPS Act would apply to the facts of the present case. However, learned State counsel admits that there is no other criminal case under NDPS Act against the present petitioner. 5. I have heard learned counsel for the parties and perused the record. 6. In the present case, the petitioner was arrested on 02.05.2023 and is in custody for the last about 02 years, 01 month and 17 days. There is no other criminal case against her. 7. Consequently, keeping in view the above stated facts and the law laid down by the Hon'ble Supreme Court in the matter of Dheeraj Kumar Shukla's case (Supra) , the petitioner is ordered to be released on bail subject to her furnishing bail bonds/surety bonds to the satisfaction of the trial Court/ Duty Magistrate/Chief Judicial Magistrate, concerned. (N.S.SHEKHAWAT) 21.07.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/N HEMLATA 2025.07.22 22:57 I attest to the accuracy and integrity of this document