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-1- CRM-M-28881-2025 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
214
CRM-M-28881-2025 (O&M) Date of decision : 28.05.2025
VICKY
... Petitioner
Versus
STATE OF PUNJAB
.. Respondent
CORAM : HON'BLE MR. JUSTICE H.S. GREWAL
Present:- Mr. Vipin Mahajan, Advocate for the petitioner.
***
H.S. Grewal, J. (Oral)
1.
This is a petition for regular bail filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in FIR No.18 dated 08.04.2024 under Sections 21(C), 23 and 29 of NDPS Act, 1985 (Sections 23, 29 of NDPS Act added later on) registered at Police Station Dorangla, District Gurdaspur, Punjab.
2.
The case of the prosecution is that during patrolling, police party alongwith BSF officials recovered a packet in the fields of Nirmal Singh which was found to be containing 530 grams of Heroin on the basis of secret information. Thereupon, after a period of 04 months, i.e. on 30.08.2024 the secret informer disclosed the name of the present petitioner alongwith his brother Tarzan for smuggling of the aforesaid 530 grams of Heroin.
3.
Learned counsel for the petitioner contends that the petitioner alongwith his brother Tarzan was arrested on 31.08.2024, however, no recovery Sonia Puri 2025.05.29 16:52 I attest to the accuracy and integrity of this document
-2- CRM-M-28881-2025 (O&M)
has been effected from the petitioner. He further contends that his co-accused namely, Tarzan has already been granted the concession of regular bail vide
order dated 24.10.2024 (Annexure P-4) passed by this Court. He further contends that the petitioner has undergone custody for a period of 08 months and 23 days.
3.
Notice of motion.
4.
Mr. Manvir Singh Toor, AAG, Punjab, accepts notice on behalf of the respondent-State and vehemently opposes the grant of concession of regular bail by way of filing of custody certificate dated 27.05.2025 and further states that the petitioner is involved in 01 more case under the NDPS Act, however, he is on bail in that case.
5.
I have heard learned counsel for the parties and have gone through the material placed on record.
6.
Keeping in view the facts and circumstances of the present case, and the fact that custody period undergone by the petitioner in the present case is 08 months and 23 days, therefore, no useful purpose would be served to further detain the petitioner in jail and since the conclusion of the trial is likely to take a long time and as such, further incarceration of the petitioner would not serve the ends of justice. Therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner.
7.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is granted concession of regular bail in the present case, on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/ Chief Judicial Magistrate concerned. The pending applications, if any, also stand disposed of. Sonia Puri 2025.05.29 16:52 I attest to the accuracy and integrity of this document
-3- CRM-M-28881-2025 (O&M)
8.
It is however, made clear that in case during his bail, the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner.
28th May, 2025
(H.S. GREWAL) Sonia Puri
JUDGE
Whether speaking/reasoned : Yes/No
Whether Reportable
: Yes/No
Sonia Puri 2025.05.29 16:52 I attest to the accuracy and integrity of this document