CRM-M No.35500 of 2025 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 235 ***** CRM-M No.35500 of 2025 (O & M) Date of decision : 23.7.2025 Jaswinder Kaur @ Kirna ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. G.S. Sandhu, Advocate, for the petitioner Mr. Jasjeet Singh, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.143 dated 7.11.2023, under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 15(3) of the Indian Medical Council Act, 1956 (This section was later on deleted), registered at Police Station Kotbhai, District Sri Muktsar Sahib. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘Station House Officer, Police Station Kotbhai, 'Jai Hind', today I SI was present at police station then one written information was received in the police station from SI Gurmeet Singh 306/SMS Police Station Kotbhai through PHG Balkaran Singh 23618, the contents of which is as under, "Station House officer Police Station kotbhai Jai Hind' today I ASI Ashwani Kumar 2025.07.24 09:58 I attest to the accuracy and integrity of this document CRM-M No.35500 of 2025 (O & M) -2- alongwith CT Rajdeep Singh no.1369/SMS, L/CT Karamjit Kaur no.292/SMS, PHG Balkaran Singh 23618 on private car was being driven by I ASI, were going to village Sahib Chand, Buttar Shehar, Dhurkot, Kotli Ablu etc. in connection with patrolling and checking of suspected persons, when police party were going to link road Kothe Amangarh from village Dhurkot, when police party reached near the water works of village Dhurkot in the boundary of village Dhurkot then one lady was seen coming from village kothe Amangarh and one transparent polythene bag was hold in her hand who on seeing the police party got perplexed and trying to turn at left side then I ASI apprehend her with the help of fellow companions after stopping the vehicle and asked her name and address then who disclosed her name jaswinder Kaur @ Kirna wife of Bhagwan Singh son of Mithu Singh resident of Village Dhurkot. Strips of intoxicant tablets are seen clearly in the transparent polythene bag held in her right hand and suspected to be of intoxicant. But due to local rank of I ASI could not initiate action regarding intoxicant substance, for which some regular NGO be sent at the spot for investigation. On which written information is being sent to police station through pHG Balkaran Singh no.23618 through I ASI. I ASZI alongwith fellow companions is present at the spot alongwith apprehended accused Jaswinder Kaur @kirna above. Sd/- Gurmeet Singh ASI Police Station Kotbhai, dated: 07.11.2023, today near Water Works, Village Dhulkot at 10:40 AM" today at Police Station on receiving the written information I SI has registered Rapat no.18 dated 07.11.2023 is reached at the spot on private car alongwith copy of rapat alongwith original information alongwith PHG for taking action, where Gurmeet Singh ASI alongwith police party alongwith apprehended lady found present where I ASI Gurmeet Singh no.306/SMS police station Kotbhai inform regarding the facts to I SI and handed over the apprehended lady alongwith transparent polythene bag in which strips of intoxicant tablets is clearly visible. On which I asked the name and address to above lady who disclosed her name as Jaswinder Kaur @ Kirna wife of Bhagwan Singh son of Mithu Singh resident of Village Dhulkot then I SI while introducing myself to above lady ask that I Ikbal Singh posted as SI incharge at Police Post Doda, Police Station Kotbhai, I am in uniform and name plate is affixed on the uniform, I have clearly seen the strips of intoxicant tablets in the transparent polythene bag held in your hand therefore, search of you and transparent polythene bag in Ashwani Kumar 2025.07.24 09:58 I attest to the accuracy and integrity of this document CRM-M No.35500 of 2025 (O & M) -3- your hand is to be conducted. But you have right under NDPS Act that you can conduct the search of you and transparent polythene bag in your hand from any Gazetted officer or Magistrate Sahib to whom can be called at the spot or you can be produced before them. On which accused Jaswinder Kaur @ Kirna wife of Bhagwan Singh son of Mithu Singh, resident of Village Dhulkot told that there are intoxicant tablets in the transparent polythene bag held in my hand and I do not want to conduct the search of myself or transparent polythene bag held in her hand from any Magistrate Sahib or Gazetted Officer, I have faith upon you. You can conduct my search in the presence of fellow companions from lady constable and transparent polythene bag held in my hand. On which I SI prepared the notice under section 50 of NDPS Act and read over to her. After hearing and admitted to be correct, accused Jaswinder Kaur @ Kirna put her right thumb impression on the notice and witnesses put their witness, then I SI tried to join the passerby as public witness but everyone giving their excuse and left the spot due to which public witness could not join. Then I SI checked the transparent polythene bag in the presence of witnesses in which intoxicant tablets is clearly visible then from it 100 strips, having 10/10 intoxicant tablets in each strip, mark Tramadol hydrochloride tablets USP 100 mg Celcidale total 1000 intoxicant tablets were recovered and on each open strip batch no. PZ39AA02, MFG DATE 6/2023, EXP DATE 05/2025, and 60 strips in each strip 15/15 intoxicant capsules marka Pregabalin Capsules IP Sercore Capsules, total 900 intoxicant capsules were recovered and on each strip batch no.GCD0092, MFG DATE 10/2023, EXP 09/2025 is mentioned. Recovered 1000 intoxicant tablets and 900 intoxicant capsules put in the same transparent polythene bag prepared the parcel by putting in the cloth bag and on the parcel I put my seal bearing IS and prepared sample parcel on the plain paper separately. Seal after use was handed over to Si Gurmeet Singh no.306/SMS. Parcel of recovered intoxicant tablets and intoxicant capsules sealed with seal bearing IS and alongwith sample seal is taken into police possession vide separate recovery memo as proof. Witness SI Gurmeet Singh 306/SMS and S/LC Karamjit Kaur 292/SMS put their signatures as witness on the memo. Then personal search of accused Jaswinder Kaur @ Kirna above got conducted from S/LC Karamjit Kaur no.292/SMS confidentially by keeping the dignity of lady in mind, from whom no cash, gold article, mobile phone etc. were found. On which Ashwani Kumar 2025.07.24 09:58 I attest to the accuracy and integrity of this document CRM-M No.35500 of 2025 (O & M) -4- personal search memo is prepared separately on which accused Jaswinder Kaur @ Kirna above put her right thumb impression and witnesses put their signatures as witness. Accused Jaswinder Kaur @ Kirna has not produce any permit or prescription of doctor regarding keeping of intoxicant tablets and intoxicant capsules in her possession, who has committed the offence under section 22C/61/85 of NDPS Act, 15(3) of The Indian Medical Council Act, 1956 by keeping intoxicant tablets and intoxicant capsules in her possession. Therefore, ruqa after writing is being sent to police station through PHG Balkaran Singh no.23618 for registration of FIR against Jaswinder Kaur @ Kirna. Number be intimated after registration of FIR. Special reports be issued. Section 42 of NDPS Act be complied with and PCR be informed, I SI alongwith fellow companions is busy in investigation at the spot. Sd/-Iqbal Singh SI Police Station Kotbhai, dated: 07.11.2023 today in the boundary of near Water Works of Village Dhulkot at 01:40 PM.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 7.11.2023. Learned counsel has further argued that the mandatory provisions of the NDPS Act have not been complied with, therefore, the prosecution case suffered from inherent defects. Learned counsel has further submitted that the petitioner has suffered undue long incarceration as trial is not progressing due to not coming of police officials/witnesses. Learned counsel, in order to buttress this aspect of the arguments has referred in extenso, zimni orders passed by the trial Court, especially zimni orders dated 28.11.2024, 17.12.2024, 24.01.2025, 26.3.2025 and 4.6.2025. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel has further submitted that the instant bail plea is adversely Ashwani Kumar 2025.07.24 09:58 I attest to the accuracy and integrity of this document CRM-M No.35500 of 2025 (O & M) -5- hit by mandatory provisions of Section 37 of the NDPS Act. Learned State counsel seeks to place on record custody certificate dated 22.7.2025 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 7.11.2023 whereinafter investigation was carried out and challan stands presented on 01.4.2024. Total 14 prosecution witnesses have been cited but only one has been examined till date. A perusal of the zimni orders (ibid) reflects that the trial is procrastinating and the folly thereof cannot be fastened upon the petitioner. In this view of the matter, the mandate contained in Section 37 of the NDPS Act is rendered otiose in view of the Article 21 of the Constitution of India. A profitable reference in this regard is being made to a judgment passed by the Hon’ble Supreme Court in Criminal Appeal No.2787 of 2024 titled as Javed Gulam Nabi Shaikh vs. State of Maharashtra and another, as well as the dicta passed by this Court in CRM-M No.64074 of 2024 titled Kulwinder v. State of Punjab, decided on 10.1.2025 (neutral citation no.2025:PHHC:002695). The rival contentions raised at Bar give rise to debatable issues which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. Ashwani Kumar 2025.07.24 09:58 I attest to the accuracy and integrity of this document CRM-M No.35500 of 2025 (O & M) -6- 6.1 As per custody certificate dated 22.7.2025 filed by learned State counsel, the petitioner has already suffered incarceration for a period of more than one year and eight months. As per the said custody certificate, the petitioner is stated to be involved in one more FIR under the NDPS Act. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following Ashwani Kumar 2025.07.24 09:58 I attest to the accuracy and integrity of this document CRM-M No.35500 of 2025 (O & M) -7- conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Pending miscellaneous application(s), if any, stand disposed of accordingly. (SUMEET GOEL) JUDGE 23.7.2025 Ashwani Whether speaking/reasoned: Yes/No Whether reportable: Yes/No Ashwani Kumar 2025.07.24 09:58 I attest to the accuracy and integrity of this document