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2025 DAILYLAW 55097 (PNJ)

MANPREET SINGH ALIAS BABBU v. STATE OF PUNJAB

CRM-M/25296/2025 · 2025-08-08

Manisha Batra

body2025

Judgment text

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CRM-M-25296 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND Manpreet Singh @ Babbu State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of case bearing FIR No. and 29 of Muktsar Sahib. 2. petition are that Raju was apprehended by a police party heade of 03 kgs. 500 grams of Opium along with drug money of Rs. 35,000/ effected from him. Thereafter, at his instance, another recovery of 07 kgs. of Opium was effected from his house. Upon interrogation, he suffered disclosure statement admitting his guilt and disclosed that the present petitioner had purchased 200 grams of Opium from him. On the basis of the same, the petitioner was nominated in this case and was arrested on 25296-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Manpreet Singh @ Babbu Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ms. Anu Bala Garg, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. This petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of case bearing FIR No. 15 dated 06.03.2025, registered under Section and 29 of the NDPS Act, 1985 at Police Station Muktsar Sahib. Brief facts of the case relevant for the purpose of disposal of this petition are that on 05.03.2025, on the basis of secret information, co Raju was apprehended by a police party heade of 03 kgs. 500 grams of Opium along with drug money of Rs. 35,000/ effected from him. Thereafter, at his instance, another recovery of 07 kgs. of Opium was effected from his house. Upon interrogation, he suffered re statement admitting his guilt and disclosed that the present petitioner had purchased 200 grams of Opium from him. On the basis of the same, the petitioner was nominated in this case and was arrested on IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25296-2025 (O&M) Reserved on : 06.08.2025 Pronounced on : 08.08.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ms. Anu Bala Garg, Advocate Ms. Sakshi Bakshi, AAG, Punjab. This petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to him , registered under Sections 18(b), 27 Police Station Sadar Malout, District Sri Brief facts of the case relevant for the purpose of disposal of this on the basis of secret information, co-accused Raju was apprehended by a police party headed by ASI Jagdish and recovery of 03 kgs. 500 grams of Opium along with drug money of Rs. 35,000/- effected from him. Thereafter, at his instance, another recovery of 07 kgs. of Opium was effected from his house. Upon interrogation, he suffered re statement admitting his guilt and disclosed that the present petitioner had purchased 200 grams of Opium from him. On the basis of the same, the petitioner was nominated in this case and was arrested on -1- 2025 (O&M) Reserved on : 06.08.2025 Pronounced on : 08.08.2025 ...Petitioner ...Respondent 483 of to him in s 18(b), 27 Sadar Malout, District Sri Brief facts of the case relevant for the purpose of disposal of this accused d by ASI Jagdish and recovery was effected from him. Thereafter, at his instance, another recovery of 07 kgs. of Opium was effected from his house. Upon interrogation, he suffered re statement admitting his guilt and disclosed that the present petitioner had purchased 200 grams of Opium from him. On the basis of the same, the petitioner was nominated in this case and was arrested on MOHAMMAD WASEEM ANSARI 2025.08.11 10:44 I attest to the accuracy and integrity of this document CRM-M-25296 09.03.2025 and recovery of 170 grams of Opium was Some other persons were also named in this case as accused. Investigation now stands completed. 3. has been falsely implicated in this case. planted upon him. Mandatory provisions of the NDPS Act were not complied with. The quantity of the contraband allegedly recovered from the petitioner otherwise does not fall under commercial quantity. investigation has since been completed and prosecution. Conclusion of trial would take considerable time. The petitioner is in custody since 09.03.2025. He has falsely been implicated in some other cases also but he is on bail in by keeping him in custody anymore. It is, therefore, urged that the petition deserves to be allowed. 4. has been filed by the respondent keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged that the petition is liable to be dismissed. 5. and have also perused the material placed on record. 6. disclosure made by co 10.5 kgs. of 25296-2025 (O&M) 09.03.2025 and recovery of 170 grams of Opium was Some other persons were also named in this case as accused. Investigation now stands completed. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. planted upon him. Mandatory provisions of the NDPS Act were not complied The quantity of the contraband allegedly recovered from the petitioner otherwise does not fall under commercial quantity. stigation has since been completed and prosecution. Conclusion of trial would take considerable time. The petitioner is in custody since 09.03.2025. He has falsely been implicated in some other cases also but he is on bail in those cases. by keeping him in custody anymore. It is, therefore, urged that the petition deserves to be allowed. Custody certificate of the petitioner has been filed by the respondent-State. Learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged 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 the disclosure made by co-accused Raju, from whose custody, recovery of 10.5 kgs. of Opium was effected. The allegation against the petitioner is that 09.03.2025 and recovery of 170 grams of Opium was effected from him. Some other persons were also named in this case as accused. Investigation Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. In fact, a false recovery has been planted upon him. Mandatory provisions of the NDPS Act were not complied The quantity of the contraband allegedly recovered from the petitioner otherwise does not fall under commercial quantity. Even otherwise, stigation has since been completed and challan is to be filed by the prosecution. Conclusion of trial would take considerable time. The petitioner is in custody since 09.03.2025. He has falsely been implicated in some other No useful purpose would be served by keeping him in custody anymore. It is, therefore, urged that the petition Custody certificate of the petitioner as well as the status report Learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged that the petition is unsel 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 the , from whose custody, recovery of total Opium was effected. The allegation against the petitioner is that -2- effected from him. Some other persons were also named in this case as accused. Investigation Learned counsel for the petitioner has argued that the petitioner In fact, a false recovery has been planted upon him. Mandatory provisions of the NDPS Act were not complied The quantity of the contraband allegedly recovered from the petitioner Even otherwise, is to be filed by the prosecution. Conclusion of trial would take considerable time. The petitioner is in custody since 09.03.2025. He has falsely been implicated in some other No useful purpose would be served by keeping him in custody anymore. It is, therefore, urged that the petition as well as the status report Learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged that the petition is unsel for the parties at considerable length The petitioner has been nominated in this case on the basis of the total Opium was effected. The allegation against the petitioner is that MOHAMMAD WASEEM ANSARI 2025.08.11 10:44 I attest to the accuracy and integrity of this document CRM-M-25296 he had purchased 200 grams of the said contraband from the co of which, 170 grams of the contraband was shown to have been recovered from him. quantity. The investigation of the case is now complete and filed in due course, which means that conclusion of trial would take considerable time. The petitioner is on bail in other cases. He is in custody since 09.03.2025. of the considered opi the petitioner in custody anymore. allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfa 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. 08.08.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 25296-2025 (O&M) he had purchased 200 grams of the said contraband from the co of which, 170 grams of the contraband was shown to have been recovered . The said quantity of the contraban The investigation of the case is now complete and filed in due course, which means that conclusion of trial would take considerable time. The petitioner is on bail in other cases. He is in custody since 09.03.2025. Keeping in view the aforesaid facts and circumstances, of the considered opinion that no useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfa 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 for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 08.08.2025 Whether speaking/reasoned Whether reportable he had purchased 200 grams of the said contraband from the co-accused, out of which, 170 grams of the contraband was shown to have been recovered The said quantity of the contraband does not fall under commercial The investigation of the case is now complete and challan shall be filed in due course, which means that conclusion of trial would take considerable time. The petitioner is on bail in other cases. He is in custody aforesaid facts and circumstances, I am no useful purpose would be served by keeping Accordingly, the present petition allowed. The petitioner is ordered to be released on regular bail, subject to his 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 -3- accused, out of which, 170 grams of the contraband was shown to have been recovered d does not fall under commercial shall be filed in due course, which means that conclusion of trial would take considerable time. The petitioner is on bail in other cases. He is in custody I am no useful purpose would be served by keeping Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his ction of the trial Court/Duty However, it will be open for the prosecution to apply is found involved in any other above is only for the purpose of deciding the present petition and the same shall have no (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.08.11 10:44 I attest to the accuracy and integrity of this document