S. No.206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-39112 of 2024 Date of Decision:15.01.2025 Boota Singh .....Pe,,oner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Lakshay Bector, Advocate for the peoner. Mr. Surya Kumar, AAG, Punjab. **** DEEPAK GUPTA, J. (Oral) By way of present peon filed under Secon 439 Cr.P.C., peoner prays for grant of regular bail in case FIR No.69 dated 15.04.2023 registered under Secons 21, 29 of the Narcoc Drugs and Psychotropic Substances Act, 1985 (for short, `the NDPS Act’) at Police Staon City Jagraon, District Ludhiana. 2. This is his second peon. Earlier peon bearing CRM-M-59515 of 2023 filed by the peoner was dismissed as withdrawn vide order dated 16.04.2024 (Annexure P.2). 3. As per the allegaons, on the basis of secret informaon, raid was conducted and peoner was apprehended with 257 grams of heroin which falls in the commercial category as threshold for commercial category is 250 grams. 4. It is contended by learned counsel that the peoner has been falsely implicated; that he is in custody for the last more than 01 year and 08 months and not even a single witnesses has been examined so far and so, trial is likely to take long me to conclude. 5. Opposing the bail peon, learned State Counsel points out that the peoner is a habitual offender inasmuch as he is facing trial in two more cases under the NDPS Act and was earlier convicted in two other cases both under NDPS Act as per the custody cerficate. However, it is conceded by learned State Counsel that out of 15 witnesses cited by the prosecuon, not even a single witness has been examined so far. RENU 2025.01.15 16:46 I attest to the accuracy and integrity of this document Chandigarh CRM-M-39112 of 2024 -2- 6. The custody cerficate indicates that the peoner is in custody for the last 01 year 08 months and 27 days. He is undertrial in two cases bearing FIR No.111 dated 19.06.2021 registered under Secons 22, 29 (Act No.61 of 1985) of the NDPS Act at Police Staon City Jagraon; and FIR No.200 dated 02.10.2021 registered under Secons 22 (Act No.61 of 1985) of the NDPS Act at Police Staon City Jagraon. It is informed by learned counsel for the peoner that the peoner is on bail in both the afore-said cases. It is further informed by learned counsel that in FIR No.111 dated 19.06.2021, the peoner was apprehended on the basis of disclosure statement of the co-accused. It is also informed that case FIR No.200 dated 02.10.2021, pertains to non- commercial category. 7. As far as convicon is concerned, peoner was convicted in case FIR No.59 dated 31.03.2019 registered under Secon 21 (Act No.61 of 1985) of the NDPS Act at Police Staon City Jagraon and he was sentenced to undergo the sentence for the period already undergone by him. He was released aDer undergoing one month’s sentence. In another FIR No.27 dated 28.01.2023 registered under Secon 21 of the NDPS Act at Police Staon City Jagraon, he was released aDer paying fine and undergoing sentence for two months. Learned counsel for the peoner submits that in both the cases, the recovery was of small quanty. 8. Having regard to the above facts and circumstances, parcularly the custody period of the peoner to be 01 year and approximately 09 months and the fact that not even a single witness has been examined, which indicates that trial is likely to take long me to conclude, the mere fact that recovery from the peoner falls in commercial category, which is marginally higher than the commercial category, cannot be a ground to decline bail, as rigors of Secon 37 of the NDPS Act are required to be balanced with Arcle 21 of the Constuons of India. As such, the present peon is accepted and the peoner is admiFed to bail on his furnishing bail bonds and surety bonds to the sasfacon of learned trial Court/ Duty Magistrate, on usual terms and condions. January 15, 2025 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.01.15 16:46 I attest to the accuracy and integrity of this document Chandigarh