Extracted from the PDF above. The PDF is authoritative.
CRM-M-34406-2025 (O&M)
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
237
CRM-M-34406-2025 (O&M) Date of decision: 24.09.2025
Shufaa @ Shufee
...Petitioner
Versus
State of U.T., Chandigarh
...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Robin Singh Hooda, Advocate
For the petitioner.
Mr. Manish Bansal, PP, U.T., Chandigarh.
MANISHA BATRA, J. (Oral)
1.
Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 35 dated 25.03.2025, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Sector 17, Chandigarh.
2.
Brief facts of the case relevant for the disposal of the present petition are that on 25.03.2025, the petitioner was apprehended by a police party and recovery of 47.10 grams of Cocaine was effected from her. She was formally arrested at the spot. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner is facing trial for commission of aforementioned offence. She had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated 31.05.2025.
MOHAMMAD WASEEM ANSARI 2025.09.24 17:15 I attest to the accuracy and integrity of this document
CRM-M-34406-2025 (O&M)
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3.
Learned counsel for the petitioner has submitted that she has been falsely implicated in this case. The quantity of the recovered contraband does not fall under commercial one. She is in custody since
25.03.2025. She has clean antecedents and is not involved in any other case. Even otherwise, investigation has since been completed and challan has been presented. Conclusion of trial would take considerable time. No useful purpose would be served by keeping her in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. 4. Custody certificate of the petitioner has been filed by the respondent-U.T., Chandigarh. It is submitted by learned Public Prosecutor, Chandigarh that keeping in view the gravity of the allegations levelled against the petitioner, she is not entitled to get benefit of bail. The petitioner is a Tanzanian national and she can abscond, if released on bail. Hence, it is urged that the petition is liable to be dismissed. 5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. 6. The petitioner is in custody since 25.03.2025. The quantity of the contraband allegedly recovered from her does not fall under commercial quantity. The petitioner is not shown to be involved in any other case. Investigation has since been completed and challan has been filed. The trial would obviously take considerable time to conclude. Keeping in view the aforesaid facts, I am of the considered opinion that no useful purpose would be served by keeping her in custody anymore. Accordingly, the present MOHAMMAD WASEEM ANSARI 2025.09.24 17:15 I attest to the accuracy and integrity of this document
CRM-M-34406-2025 (O&M)
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petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal bonds and two heavy sureties to the satisfaction of the trial Court/Duty Magistrate concerned and on the following conditions:- (i) the petitioner shall deposit her passport, if already not deposited, with the trial Court. (ii) she shall not leave the country under any circumstance without prior permission of the Court. (iii) she shall appear before the learned trial Court as and when directed. (iv) she shall provide her local address where she would be residing after release and shall not change the same without informing the concerned IO/SHO.
(v) the petitioner shall upon her release give here mobile phone number to concerned IO/SHO and shall keep her mobile phone switched on all times. 7. In the event of there being any FIR/complaint lodged against the petitioner, it shall be open to the respondent to seek redressal by filing an application seeking cancellation of bail. 8. 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. 24.09.2025
(MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari
JUDGE
Whether speaking/reasoned
Yes/No
Whether reportable
Yes/No MOHAMMAD WASEEM ANSARI 2025.09.24 17:15 I attest to the accuracy and integrity of this document