CRM-M-30162- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 217 Ankush Kumar State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA Present:- Mr. for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. 1. This petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 FIR No. 31 Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station 2. Brief facts of the case relevant for the purpose of disposal of this petition are that while sitting in a car bearing registration number PB apprehended by a police party and recov from them. Both of them were formally arrested at the spot. After completion of necessary investigation and usual formalities, and presently, the petitioner along with co of aforementioned offences. He had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated 20.05.2025. -2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Ankush Kumar Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA Mr. Pushp Jain, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) This petition has been filed by the petitioner under Section Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing dated 09.04.2025, registered under Section Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Bareta, District Mansa. Brief facts of the case relevant for the purpose of disposal of this petition are that on 09.04.2025, the petitioner and co while sitting in a car bearing registration number PB apprehended by a police party and recovery of 10 grams of heroin was effected Both of them were formally arrested at the spot. After completion of necessary investigation and usual formalities, and presently, the petitioner along with co-accused is of aforementioned offences. He had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated -1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-30162-2025 (O&M) Date of decision: 02.07.2025 ...Petitioner ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Ms. Sakshi Bakshi, AAG, Punjab. This petition has been filed by the petitioner under Section 483 of seeking regular bail in case bearing , registered under Sections 21, 25 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) Brief facts of the case relevant for the purpose of disposal of this the petitioner and co-accused Shubham Kumar, while sitting in a car bearing registration number PB-50-B-0851, were ery of 10 grams of heroin was effected Both of them were formally arrested at the spot. After completion of necessary investigation and usual formalities, challan was presented in the Court accused is facing trial for commission of aforementioned offences. He had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated 1- 2025 (O&M) .07.2025 ...Respondent 483 of seeking regular bail in case bearing of the (for short ‘NDPS Act’) at Brief facts of the case relevant for the purpose of disposal of this accused Shubham Kumar, were ery of 10 grams of heroin was effected Both of them were formally arrested at the spot. After completion of was presented in the Court facing trial for commission of aforementioned offences. He had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated MOHAMMAD WASEEM ANSARI 2025.07.02 16:20 I attest to the accuracy and integrity of this document CRM-M-30162- 3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. contraband does not fall under commercial quantity. falsely been implicated in two m be a ground to deny him the benefit of bail. since been completed and challan has been presented. Conclusion of trial is likely to take time. Similarly situated co been granted concession of regular bail by the learned trial Court, vide order dated 22.05.2025. On the grounds of parity, the petitioner too deserves the same benefit. No useful purpose would be served by detaining him into custo anymore. It is, therefore, urged that the petition deserves to be allowed. 4. Learned Assistant Advocate General, Punjab, who has advance notice of the petition and is ready to argue the matter, has certificate of the petitioner. She ground that the petitioner is involved in he is released on bail, he can abscond or indulge in similar offences. urged that the pet 5. I have heard learned counsel for the parties at considerable and have also gone through the record carefully. 6. Admittedly, the quantity of the contraband, being 10 grams, does not fall under commercial quanti 09.04.2025. Similarly situated co of bail, as mentioned above. has been filed. Conclusion of trial would obviously take ti -2025 (O&M) Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. The alleged quantity of the recovered contraband does not fall under commercial quantity. falsely been implicated in two more cases of similar nature but that alone cannot be a ground to deny him the benefit of bail. since been completed and challan has been presented. Conclusion of trial is likely to take time. Similarly situated co-accused been granted concession of regular bail by the learned trial Court, vide order dated 22.05.2025. On the grounds of parity, the petitioner too deserves the same No useful purpose would be served by detaining him into custo . It is, therefore, urged that the petition deserves to be allowed. Learned Assistant Advocate General, Punjab, who has advance notice of the petition and is ready to argue the matter, has certificate of the petitioner. She has opposed the prayer of the petitioner on the ground that the petitioner is involved in two he is released on bail, he can abscond or indulge in similar offences. the petition is liable to be dismissed. I have heard learned counsel for the parties at considerable and have also gone through the record carefully. Admittedly, the quantity of the contraband, being 10 grams, does not fall under commercial quantity. The petitioner is in custody since 09.04.2025. Similarly situated co-accused has already been granted concession of bail, as mentioned above. Investigation has since been completed and challan has been filed. Conclusion of trial would obviously take ti -2 Learned counsel for the petitioner has argued that the petitioner has he alleged quantity of the recovered contraband does not fall under commercial quantity. Though the petitioner has ore cases of similar nature but that alone cannot be a ground to deny him the benefit of bail. Even otherwise, investigation has since been completed and challan has been presented. Conclusion of trial is accused Shubham Kumar has already been granted concession of regular bail by the learned trial Court, vide order dated 22.05.2025. On the grounds of parity, the petitioner too deserves the same No useful purpose would be served by detaining him into custo . It is, therefore, urged that the petition deserves to be allowed. Learned Assistant Advocate General, Punjab, who has advance notice of the petition and is ready to argue the matter, has filed the custody opposed the prayer of the petitioner on the other cases of similar nature and if he is released on bail, he can abscond or indulge in similar offences. Hence, it is ition is liable to be dismissed. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. Admittedly, the quantity of the contraband, being 10 grams, does ty. The petitioner is in custody since accused has already been granted concession Investigation has since been completed and challan has been filed. Conclusion of trial would obviously take time. Therefore, keeping 2- Learned counsel for the petitioner has argued that the petitioner has he alleged quantity of the recovered Though the petitioner has ore cases of similar nature but that alone cannot Even otherwise, investigation has since been completed and challan has been presented. Conclusion of trial is Shubham Kumar has already been granted concession of regular bail by the learned trial Court, vide order dated 22.05.2025. On the grounds of parity, the petitioner too deserves the same No useful purpose would be served by detaining him into custody Learned Assistant Advocate General, Punjab, who has advance filed the custody opposed the prayer of the petitioner on the and if Hence, it is length Admittedly, the quantity of the contraband, being 10 grams, does ty. The petitioner is in custody since accused has already been granted concession Investigation has since been completed and challan Therefore, keeping MOHAMMAD WASEEM ANSARI 2025.07.02 16:20 I attest to the accuracy and integrity of this document CRM-M-30162- in view the aforecited that no useful purpose would be served by keeping anymore. Accordingly, the present petition to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. open for the prosecution to apply for cancellation found involved in any other subsequent case. 7. 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 bearing on the merits of the cas 02.07.2025 Waseem Ansari Whether speaking/reasoned Whether reportable -2025 (O&M) aforecited facts and circumstances, 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 furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. open for the prosecution to apply for cancellation found 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 and the same shall have no bearing on the merits of the case. Whether speaking/reasoned Whether reportable -3 facts and circumstances, I am of the considered opinion no useful purpose would be served by keeping the petitioner in custody is 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 Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner 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 bearing (MANISHA BATRA) JUDGE Yes/No Yes/No 3- of the considered opinion in custody is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to However, it will be petitioner is 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 bearing MOHAMMAD WASEEM ANSARI 2025.07.02 16:20 I attest to the accuracy and integrity of this document