IN THE HIGH COURT OF PUNJAB & HARYANA 212 THANEDAR STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J.(ORAL) 1. Criminal Procedure, 1973 FIR No.38 dated and Psychotropic Substances Act, 1985 Phase-IV Mo 2. case of the prosecution, was stated to have been effected from the petitioner the learned counsel that the petitioner was only stated to be present at the spot along with the co recovery of 1 kg of heroin was effected. Learned counsel has submitted that in the circumstances, it is evident that the petitioner is innocent and is a victim of false implication. It has also been brought to the notice of this Court that after the charges were framed on 07.09.2024, only IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: THANEDAR SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Jashandeep Singh Sandhu, Advocate for the petitioner. Mr. H.S. Deol, Sr. DAG, Punjab MANJARI NEHRU KAUL, J.(ORAL) The instant petition has been filed under Section 439 of Criminal Procedure, 1973 for grant of regular bail to the petitioner in case dated 28.02.2024 under Sections ychotropic Substances Act, 1985, registered at Police Station ohali (for whole Punjab), District Learned counsel for the petitioner submits that case of the prosecution, no recovery of any contraband, much less heroin, was stated to have been effected from the petitioner the learned counsel that the petitioner was only stated to be present at the spot along with the co-accused Paramjit Singh @ Pamma recovery of 1 kg of heroin was effected. Learned counsel has submitted that in the circumstances, it is evident that the petitioner is innocent and is a victim of false implication. It has also been brought to the notice of this Court that after the charges were framed on 07.09.2024, only IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-40431-2024 Date of decision: August 27, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL , Advocate H.S. Deol, Sr. DAG, Punjab. The instant petition has been filed under Section 439 of Code of for grant of regular bail to the petitioner in case under Sections 21(C), 29 of the Narcotic Drugs , registered at Police Station STF , District Amritsar (Annexure P-1). Learned counsel for the petitioner submits that even as per the no recovery of any contraband, much less heroin, was stated to have been effected from the petitioner. It has been argued by the learned counsel that the petitioner was only stated to be present at the accused Paramjit Singh @ Pamma, from whom a recovery of 1 kg of heroin was effected. Learned counsel has submitted that in the circumstances, it is evident that the petitioner is innocent and is a victim of false implication. It has also been brought to the notice of this ter the charges were framed on 07.09.2024, only 4 prosecution Petitioner .....Respondent Code of for grant of regular bail to the petitioner in case Narcotic Drugs STF even as per the no recovery of any contraband, much less heroin, It has been argued by the learned counsel that the petitioner was only stated to be present at the , from whom a recovery of 1 kg of heroin was effected. Learned counsel has submitted that in the circumstances, it is evident that the petitioner is innocent and is a victim of false implication. It has also been brought to the notice of this Jaspreet Kaur 2025.08.27 16:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-40431 witnesses had been examined Hence, the possibility of the trial concluding in the near future did not arise. In addition, it has been brought to the notice of this Court that the prime accused Paramjit Singh @ Pamma has already been extended t of bail by a Coordinate Bench of this Court vide order dated 07.08.2025 hence, the petitioner also deserves similar relief as concededly, his case is on a better footing. 3. and submissions made by the counsel opposite, has not disputed petitioner has been in prosecution witnesses have been examined. It has also not been controverted that no recovery of any contraband was police nabbed him and co counsel, on further instructions, has also not disputed that co Paramjit Singh @ Pamma has since been extended the concession of bail. However, learned State counsel, on instructions, submits that the petitioner is booked in one other case under the NDPS Act, and hence, he cannot claim parity with co clean antecedents. 4. relevant material placed on record. 5. has been proceeding at a considerably slow pace with only four prosecution 40431-2024 witnesses had been examined, with 10 still remaining to be examined. Hence, the possibility of the trial concluding in the near future did not arise. In addition, it has been brought to the notice of this Court that the prime accused Paramjit Singh @ Pamma has already been extended t of bail by a Coordinate Bench of this Court vide order dated 07.08.2025 hence, the petitioner also deserves similar relief as concededly, his case is on a better footing. Per contra, learned State counsel, while opposing the prayer nd submissions made by the counsel opposite, has not disputed petitioner has been in custody since 28.02.2024 prosecution witnesses have been examined. It has also not been controverted that no recovery of any contraband was made from the petitioner after the police nabbed him and co-accused Paramjit Singh @ Pamma. Learned State counsel, on further instructions, has also not disputed that co Paramjit Singh @ Pamma has since been extended the concession of bail. , learned State counsel, on instructions, submits that the petitioner is booked in one other case under the NDPS Act, and hence, he cannot claim parity with co-accused Paramjit Singh @ Pamma clean antecedents. I have heard learned counsel for the parties and perused the relevant material placed on record. The petitioner has been in custody has been proceeding at a considerably slow pace with only four prosecution -2- with 10 still remaining to be examined. Hence, the possibility of the trial concluding in the near future did not arise. In addition, it has been brought to the notice of this Court that the prime accused Paramjit Singh @ Pamma has already been extended the concession of bail by a Coordinate Bench of this Court vide order dated 07.08.2025, and hence, the petitioner also deserves similar relief as concededly, his case is on , learned State counsel, while opposing the prayer nd submissions made by the counsel opposite, has not disputed the since 28.02.2024, and as on date, only four prosecution witnesses have been examined. It has also not been controverted made from the petitioner after the accused Paramjit Singh @ Pamma. Learned State counsel, on further instructions, has also not disputed that co-accused Paramjit Singh @ Pamma has since been extended the concession of bail. , learned State counsel, on instructions, submits that the petitioner is booked in one other case under the NDPS Act, and hence, he cannot claim accused Paramjit Singh @ Pamma as the latter was having learned counsel for the parties and perused the The petitioner has been in custody since 28.02.2024. The trial has been proceeding at a considerably slow pace with only four prosecution with 10 still remaining to be examined. Hence, the possibility of the trial concluding in the near future did not arise. In addition, it has been brought to the notice of this Court that the prime he concession , and hence, the petitioner also deserves similar relief as concededly, his case is on , learned State counsel, while opposing the prayer the and as on date, only four prosecution witnesses have been examined. It has also not been controverted made from the petitioner after the accused Paramjit Singh @ Pamma. Learned State accused Paramjit Singh @ Pamma has since been extended the concession of bail. , learned State counsel, on instructions, submits that the petitioner is booked in one other case under the NDPS Act, and hence, he cannot claim as the latter was having learned counsel for the parties and perused the The trial Jaspreet Kaur 2025.08.27 16:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-40431 witnesses having been examined in almost one year after the charges were framed in September 2024. Concededly, no recovery of any co made from the petitioner after he was nabbed along with co Singh @ Pamma. 6. Court deems it fit to Accordingly, the instant petition is allowed bail on his furnishing bail/surety Court/Duty to bail, learned stringent conditions as it deems fit, so as to ensure the presence of the petitioner during the trial. 7. shall not be construed to be an expression case. 8. the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. August 27, 2025 Jaspreet Kaur 40431-2024 witnesses having been examined in almost one year after the charges were framed in September 2024. Concededly, no recovery of any co made from the petitioner after he was nabbed along with co Singh @ Pamma. In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner Accordingly, the instant petition is allowed, and the petitioner be admitted to bail on his furnishing bail/surety bonds to Magistrate concerned. However, w to bail, learned trial Court/Duty Magistrate concerned stringent conditions as it deems fit, so as to ensure the presence of the petitioner during the trial. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of op Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. , 2025 Whether speaking/reasoned Whether reportable -3- witnesses having been examined in almost one year after the charges were framed in September 2024. Concededly, no recovery of any contraband was made from the petitioner after he was nabbed along with co-accused ramjetit In the facts and circumstances as enumerated hereinabove, this extend the concession of regular bail to the petitioner. and the petitioner be admitted to bonds to the satisfaction of the Trial However, while admitting the petitioner /Duty Magistrate concerned may put him to any stringent conditions as it deems fit, so as to ensure the presence of the However, it is made clear that anything observed hereinabove of opinion on the merits of the Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No witnesses having been examined in almost one year after the charges were ntraband was accused ramjetit In the facts and circumstances as enumerated hereinabove, this . and the petitioner be admitted to of the Trial hile admitting the petitioner may put him to any stringent conditions as it deems fit, so as to ensure the presence of the However, it is made clear that anything observed hereinabove inion on the merits of the Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to Jaspreet Kaur 2025.08.27 16:04 I attest to the accuracy and integrity of this document Chandigarh