CRM-M-26985 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 255 (02 cases) 1. CRM-M Ravinder Kaur State of Punjab 2. CRM-M Parminder Kaur @ Veenu State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. petitions as they are similar in nature and seek similar relief. 2. Section 483 of in case bearing FIR No. the Narcotic Drugs and Psychotropic Substan Act’) at Police Station filed by the petitioners 26985-2025 (O&M) and one connected case IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH M-26985-2025 (O&M) Ravinder Kaur Versus Punjab M-27021-2025 (O&M) Parminder Kaur @ Veenu Versus State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Ruhani Chadha, Advocate for the petitioners. Mr. Vivek Sharma, DAG, Punjab. MANISHA BATRA, J. (Oral) This common order shall dispose of above mentioned two petitions as they are similar in nature and seek similar relief. The present petitions have been filed by the petitioners 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in case bearing FIR No. 184 dated 20.09.2022 Narcotic Drugs and Psychotropic Substan at Police Station Mahilpur, District Hoshiarpur. The previous petitions filed by the petitioners were dismissed as withdrawn. and one connected case -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH ...Petitioner Versus ...Respondent ...Petitioner Versus ...Respondent Date of decision : 22.05.2025 CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ruhani Chadha, Advocate Mr. Vivek Sharma, DAG, Punjab. This common order shall dispose of above mentioned two petitions as they are similar in nature and seek similar relief. present petitions have been filed by the petitioners under Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail 20.09.2022, registered under Section 21 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Mahilpur, District Hoshiarpur. The previous petitions as withdrawn. ...Petitioner ...Respondent ...Petitioner ...Respondent Date of decision : 22.05.2025 This common order shall dispose of above mentioned two under seeking regular bail 21 of (for short ‘NDPS Mahilpur, District Hoshiarpur. The previous petitions MOHAMMAD WASEEM ANSARI 2025.05.23 14:31 I attest to the accuracy and integrity of this document CRM-M-26985 2. petition are that Singh @ Romy, bearing registration number CH party headed by SI Jaswant Singh and recovery of 255 gra effected from the dashboard of the said car. formally arrested at the spot. usual formalities, 14.03.2023 accused are 3. have been falsely implicated in this case. is the brother members of the petitioner together in the aforesaid car. case by planting the aforesaid contraband in the car. falsely implicated in one more case but otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the copies of the zimni orders passed by the learned trial Court, which have been placed on record, would show witnesses have been examined so far. of Cr.P.C. has been filed, which is pending co-accused Jasvir Kaur @ Fojan is being conduc 26985-2025 (O&M) and one connected case Brief facts of the case relevant for the purpose of disposal of this petition are that on 20.09.2022, the petitioner Singh @ Romy, Sandeep Kumar and Maninde Kaur bearing registration number CH-01-AY-0023, were apprehended by a police party headed by SI Jaswant Singh and recovery of 255 gra effected from the dashboard of the said car. formally arrested at the spot. After completion of necessary investigation and usual formalities, challan under Section 173 of Cr.P.C. was presented 14.03.2023 in the Court and presently, the petitioner are facing trial for commission of afore Learned counsel for the petitioner been falsely implicated in this case. brother-in-law of the present petitioner members of the petitioners. They, being family members, were travelling together in the aforesaid car. All of them have been falsely implicated in this case by planting the aforesaid contraband in the car. falsely implicated in one more case but they are otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the copies of the zimni orders passed by the learned trial Court, which have been placed on record, would show that the trial is substantially delayed as only two witnesses have been examined so far. Now, an application under Section 311 of Cr.P.C. has been filed, which is pending accused Jasvir Kaur @ Fojan is being conduc and one connected case -2- Brief facts of the case relevant for the purpose of disposal of this the petitioners along with co-accused Bikram and Maninde Kaur, while coming in a car 0023, were apprehended by a police party headed by SI Jaswant Singh and recovery of 255 grams of heroin was effected from the dashboard of the said car. All the accused persons were After completion of necessary investigation and under Section 173 of Cr.P.C. was presented the Court and presently, the petitioners along with the co ial for commission of aforementioned offence. Learned counsel for the petitioners has argued that the petitioner been falsely implicated in this case. In fact, co-accused Sandeep Kumar petitioners and other co-accused are family . They, being family members, were travelling All of them have been falsely implicated in this case by planting the aforesaid contraband in the car. The petitioners have been they are on bail in that case. Even otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the copies of the zimni orders passed by the learned trial Court, which have been placed on that the trial is substantially delayed as only two Now, an application under Section 311 of Cr.P.C. has been filed, which is pending. Even investigation qua accused Jasvir Kaur @ Fojan is being conducted and on completion of the Brief facts of the case relevant for the purpose of disposal of this accused Bikram , while coming in a car 0023, were apprehended by a police ms of heroin was All the accused persons were After completion of necessary investigation and under Section 173 of Cr.P.C. was presented on along with the co- has argued that the petitioners Sandeep Kumar accused are family . They, being family members, were travelling All of them have been falsely implicated in this been Even otherwise, the quantity of the alleged contraband is marginally higher than the commercial quantity. It is further argued that a perusal of the copies of the zimni orders passed by the learned trial Court, which have been placed on that the trial is substantially delayed as only two Now, an application under Section 311 . Even investigation qua ted and on completion of the MOHAMMAD WASEEM ANSARI 2025.05.23 14:31 I attest to the accuracy and integrity of this document CRM-M-26985 same, supplementary conclusion of trial would take considerable long time. custody since 20.09.2022 i.e. for the last more than 02 years and 07 month In view of substantial delay in trial, the petitioner bail. No useful purpose would be served by keeping Similarly situated co already been granted con dated 12.05.2025 CRM-M-23742 too deserve to be allowed. 4. 5. the petitions and is ready to argue. It is submitted by him that are not entitled to get benefit of bail as nabbed at the spot and recovery of 255 grams of heroin was effected from the car, in which they were travelling. to be dismissed. 6. and have also gone through the record carefully. 7. co-accused of heroin was effected from their car. stated to be family members. 26985-2025 (O&M) and one connected case same, supplementary challan shall be submitted. All this goes to show that conclusion of trial would take considerable long time. custody since 20.09.2022 i.e. for the last more than 02 years and 07 month In view of substantial delay in trial, the petitioner No useful purpose would be served by keeping Similarly situated co-accused Sandeep Kumar already been granted concession of regular bail by this Court, vide order dated 12.05.2025 and 20.05.2025 passed in 23742-2025, respectively. On the grounds of parity, the petitioner too deserve the same benefit. It is, therefore, urged to be allowed. Notice of motion. Learned Deputy Advocate General, Punjab has the petitions and is ready to argue. It is submitted by him that not entitled to get benefit of bail as they nabbed at the spot and recovery of 255 grams of heroin was effected from the car, in which they were travelling. Hence, it is urged that to be dismissed. I have heard learned counsel for the parties at considerable and have also gone through the record carefully. As per the allegations, the petitioner d were apprehended by the police party and recovery of of heroin was effected from their car. The petitioners and other co stated to be family members. The quantity of the alleged contraband is and one connected case -3- shall be submitted. All this goes to show that conclusion of trial would take considerable long time. The petitioners are custody since 20.09.2022 i.e. for the last more than 02 years and 07 month In view of substantial delay in trial, the petitioners are entitled to get benefit of No useful purpose would be served by keeping them in custody anymore. accused Sandeep Kumar and Maninder Kaur have cession of regular bail by this Court, vide order passed in CRM-M-15238-2025 . On the grounds of parity, the petitioner It is, therefore, urged that the petitions deserve Advocate General, Punjab has advance notice of the petitions and is ready to argue. It is submitted by him that the petitioner they along with the co-accused were nabbed at the spot and recovery of 255 grams of heroin was effected from the Hence, it is urged that the petition is liable for the parties at considerable length and have also gone through the record carefully. the petitioners and above named by the police party and recovery of 255 grams The petitioners and other co-accused are The quantity of the alleged contraband is shall be submitted. All this goes to show that s are in custody since 20.09.2022 i.e. for the last more than 02 years and 07 months. entitled to get benefit of in custody anymore. and Maninder Kaur have cession of regular bail by this Court, vide orders and . On the grounds of parity, the petitioners s deserve advance notice of the petitioners were nabbed at the spot and recovery of 255 grams of heroin was effected from the ition is liable length above named 255 grams accused are The quantity of the alleged contraband is MOHAMMAD WASEEM ANSARI 2025.05.23 14:31 I attest to the accuracy and integrity of this document CRM-M-26985 marginally higher than commercial quantity, the same being 250 grams. perusal of the case of similar nature but petitioners and by planting a false as it may, copies of which have been placed on record, shows that only two prosecution witnesses have been examined so far, despite the fact that presented way back no likelihood of the same to conclude in near future as an application filed under Section 311 of Cr.P.C. is pending. More so, investigation qua co-accused challan is to be presented after completion of investigation. The petitioner are in long incarceration of more than 02 years and 07 months. Sandeep Kumar regular bail by this Court petitioners keeping in view the considered opinion that petitioners allowed. The petitioner their furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 26985-2025 (O&M) and one connected case marginally higher than commercial quantity, the same being 250 grams. perusal of the record reveals that the petitioner of similar nature but they are on bail in that case s is that they were travelling in the said car along with and by planting a false recovery, the entire as it may, a perusal of the zimni orders passed by the learned trial Court, copies of which have been placed on record, shows that only two prosecution witnesses have been examined so far, despite the fact that presented way back on 14.03.2023. The trial is obviously delayed and there is no likelihood of the same to conclude in near future as an application filed under Section 311 of Cr.P.C. is pending. More so, investigation qua accused Jasvir Kaur @ Fojan is being conducted and supplementary is to be presented after completion of investigation. The petitioner in long incarceration of more than 02 years and 07 months. Sandeep Kumar and Maninder Kaur have bail by this Court, as mentioned above s is on similar footing with that of the said co keeping in view the aforementioned facts and circumstances the considered opinion that no useful purpose would be served by keeping s in custody anymore. Accordingly, the present petition allowed. The petitioners are ordered to be released on regular bail, subject to furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the and one connected case -4- marginally higher than commercial quantity, the same being 250 grams. reveals that the petitioners were implicated in one more on bail in that case. The plea of the travelling in the said car along with their family the entire family has been roped in. Be that a perusal of the zimni orders passed by the learned trial Court, copies of which have been placed on record, shows that only two prosecution witnesses have been examined so far, despite the fact that challan The trial is obviously delayed and there is no likelihood of the same to conclude in near future as an application filed under Section 311 of Cr.P.C. is pending. More so, investigation qua r Kaur @ Fojan is being conducted and supplementary is to be presented after completion of investigation. The petitioner in long incarceration of more than 02 years and 07 months. Co-accused and Maninder Kaur have already been granted concession of , as mentioned above. The case of the present on similar footing with that of the said co-accused. Therefore, the aforementioned facts and circumstances, this Court is of no useful purpose would be served by keeping Accordingly, the present petitions are ordered to be released on regular bail, subject to furnishing personal/surety bonds to the satisfaction of the trial However, it will be open for the marginally higher than commercial quantity, the same being 250 grams. A more The plea of the family Be that a perusal of the zimni orders passed by the learned trial Court, copies of which have been placed on record, shows that only two prosecution was The trial is obviously delayed and there is no likelihood of the same to conclude in near future as an application filed under Section 311 of Cr.P.C. is pending. More so, investigation qua r Kaur @ Fojan is being conducted and supplementary is to be presented after completion of investigation. The petitioners accused already been granted concession of The case of the present Therefore, is of no useful purpose would be served by keeping the s are ordered to be released on regular bail, subject to furnishing personal/surety bonds to the satisfaction of the trial However, it will be open for the MOHAMMAD WASEEM ANSARI 2025.05.23 14:31 I attest to the accuracy and integrity of this document CRM-M-26985 prosecution to apply for cancellation of bail in case the involved in any other subsequent case. 8. for the purpose of deciding the present petition bearing on the merits of the case. 9. connected case. 22.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 26985-2025 (O&M) and one connected case prosecution to apply for cancellation of bail in case the involved in any other subsequent case. It is made clear that any observation made herein above is only for the purpose of deciding the present petition bearing on the merits of the case. Let a photocopy of this order be placed on the file of the connected case. .05.2025 Whether speaking/reasoned Whether reportable and one connected case -5- prosecution to apply for cancellation of bail in case the petitioners are found t is made clear that any observation made herein above is only for the purpose of deciding the present petitions and the same shall have no Let a photocopy of this order be placed on the file of the (MANISHA BATRA) JUDGE Yes/No Yes/No found t is made clear that any observation made herein above is only and the same shall have no Let a photocopy of this order be placed on the file of the MOHAMMAD WASEEM ANSARI 2025.05.23 14:31 I attest to the accuracy and integrity of this document