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2025 DAILYLAW 60962 (PNJ)

RICKY KUMAR ALIAS RICKY ALIAS RIKI KUMAR v. STATE OF PUNJAB

CRM-M/28176/2025 · 2025-05-27

N S Shekhawat

body2025

Judgment text

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CRM M-28176 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-28176 of 2025 Date of Decision: 27.05.2025 Ricky Kumar @ Ricky @ Riki Kumar ...Petitioner Versus State of Punjab ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Manoj R. Sharma, Advocate, for the petitioner. Mr. M.S. Bajwa, DAG, Punjab. N.S.SHEKHAWAT , J. (Oral) 1. The petitioner has filed the instant petition under Section 483 of the BNSS with a prayer to grant a regular bail in case FIR No.34 dated 14.04.2025 registered under Sections 22, 27(a) and 29 of the NDPS Act at Police Station Purana Shalla, District Gurdaspur. 2. As per the case set up by the prosecution, on 14.04.2025, the petitioner was apprehended by the police while he was carrying 50 intoxicant tablets alongwith Rs. 5000/- as drug money and was ordered to be arrested by the police. Even, it was found that the tablets, which were recovered from the petitioner, contained Etizolam. 3. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case. He further AMIT RANA 2025.05.29 11:36 I attest to the accuracy and authenticity of this judgement/order CRM M-28176 of 2025 -2- contends that recovery of the alleged contraband was planted on him and the report of the FSL is yet to be received and keeping in view the law laid down in the matter of “Inderjeet Singh @ Laddi and others Vs. State of Punjab” 2014(3) RCR (Criminal) 953, the petitioner is entitled to concession of interim bail. 4. On the other hand, learned counsel appearing on behalf of the State of Punjab has vehemently opposed the grant of concession of bail to the petitioner. However, even the learned State counsel does not dispute the fact that the FSL report has not been received so far. 5. I have heard the learned counsel for the parties and perused the record. 6. The petitioner is in custody for the last about four months and as per the admitted case of the parties, the FSL report is still awaited and the trial shall formally commence only after the receipt of the FSL report, so no meaningful purpose would be served by keeping the petitioner in custody. 7. At this stage, without commenting on the merits of the case, the instant petition is disposed of and the petitioner is directed to be released on interim bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/ Duty Magistrate, till the FSL report is received. The petitioner shall submit an undertaking before the trial Court/ Duty Magistrate along with his AMIT RANA 2025.05.29 11:36 I attest to the accuracy and authenticity of this judgement/order CRM M-28176 of 2025 -3- bail/surety bonds that he will surrender before the trial Court on receiving the FSL report. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner. 27.05.2025 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2025.05.29 11:36 I attest to the accuracy and authenticity of this judgement/order