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CRM-M-37499-2025 (O&M)
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
228
CRM-M-37499-2025 (O&M) Date of decision: 19.08.2025
Ankush Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Ashish Aggarwal, Advocate
for the petitioner.
Mr. Roshandeep Singh, AAG, Punjab.
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. 60 dated 14.05.2025, registered under Sections 21(b), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Sultanwind, District Police Commissionerate Amritsar.
2.
Brief facts of the case relevant for the disposal of the present petition are that on 14.05.2025, the petitioner was apprehended by a police party and recovery of 7.90 grams of heroin and drug money of Rs. 700/- was effected from him. He was formally arrested at the spot. Since then, he is in custody. Investigation is still pending. He had moved an application before the Court of learned Judge, Special Court, Amritsar for grant of regular bail but the same had been dismissed, vide order dated 06.06.2025.
MOHAMMAD WASEEM ANSARI 2025.08.20 10:29 I attest to the accuracy and integrity of this document
CRM-M-37499-2025 (O&M)
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3.
Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. In fact, the alleged recovered contraband was planted on him. Even otherwise, the quantity of the same does not fall under commercial quantity, being 7.90 grams. The petitioner is in judicial custody since 14.05.2025. Trial will take time as even investigation is still pending. No useful purpose would be served by keeping him 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.
Short reply and the custody certificate of the petitioner have been filed by the respondent-State. It is submitted by learned State counsel that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of 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 14.05.2025. The quantity of the contraband allegedly recovered from him does not fall under commercial quantity. Investigation is still pending, which means it will take time for presentation of challan and then in conclusion of trial. Keeping in view the aforesaid facts, I am of the considered opinion that no useful purpose would be served by keeping him in custody anymore. 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. However, it will be open for the MOHAMMAD WASEEM ANSARI 2025.08.20 10:29 I attest to the accuracy and integrity of this document
CRM-M-37499-2025 (O&M)
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prosecution to apply for cancellation of bail in case the petitioner is 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 case.
19.08.2025
(MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari
JUDGE
Whether speaking/reasoned
Yes/No
Whether reportable
Yes/No MOHAMMAD WASEEM ANSARI 2025.08.20 10:29 I attest to the accuracy and integrity of this document