CRM-M-44177 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 217 Satya State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA Present:- MANISHA BATRA, J. 1. for grant of 27.03.2024 Psychotropic Substances Act, 1985 Sangrur. 2. petition are that on petitioner was apprehended by the police party and recovery of 470 tablets of Parazolam was effected from the petitioner. permit or license to keep in her possession the recovered contraband, she was formally arrested at the spot. investigation and usual formalities, and presently, the petitioner commission of aforementioned offence 44177-2024 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA Mr. Jashandeep Singh Sandhu, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. MANISHA BATRA, J. (Oral) Prayer in this petition, filed under Section 439 of Cr.P.C., is for grant of regular bail to the petitioner in case bearing FIR No. 27.03.2024, registered under Section 22 of the Psychotropic Substances Act, 1985 at Police Station Sherpur, District Brief facts of the case relevant for the disposal of the present n are that on 27.03.2024, on the basis of a secret information, the petitioner was apprehended by the police party and recovery of 470 tablets Parazolam and 390 tablets of Uszol-0.50 was effected from the petitioner. Since the petitioner could not produce any permit or license to keep in her possession the recovered contraband, she was formally arrested at the spot. After completion of necessary investigation and usual formalities, challan and presently, the petitioner along with co commission of aforementioned offence. She had moved an application for -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44177-2024 (O&M) Date of decision: 21.05.2025 ...Petitioner ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Jashandeep Singh Sandhu, Advocate Ms. Sakshi Bakshi, AAG, Punjab. Prayer in this petition, filed under Section 439 of Cr.P.C., is in case bearing FIR No. 22 dated 22 of the Narcotic Drugs and at Police Station Sherpur, District Brief facts of the case relevant for the disposal of the present on the basis of a secret information, the petitioner was apprehended by the police party and recovery of 470 tablets 0.50 (both having Alprazolam salt) Since the petitioner could not produce any permit or license to keep in her possession the recovered contraband, she After completion of necessary challan was presented before the Cour along with co-accused is facing trial for She had moved an application for 2024 (O&M) .05.2025 Prayer in this petition, filed under Section 439 of Cr.P.C., is dated Narcotic Drugs and at Police Station Sherpur, District Brief facts of the case relevant for the disposal of the present on the basis of a secret information, the petitioner was apprehended by the police party and recovery of 470 tablets salt) Since the petitioner could not produce any permit or license to keep in her possession the recovered contraband, she After completion of necessary was presented before the Court ial for She had moved an application for MOHAMMAD WASEEM ANSARI 2025.05.22 09:23 I attest to the accuracy and integrity of this document CRM-M-44177 grant of regular bail before the learned trial Court but the same had been dismissed, vide order dated 3. petitioner has been falsely implicated in this case. planted upon effecting aforesaid recovery. Even mandatory provisions of the NDPS Act were not complied. and challan The petitioner is in served by keeping petition deserves to be allowed. 4. submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of serious allegations against her. FSL report has been received, as per which, the total weight of the c Hence, the rigors of Section 37 of the NDPS Act would be attracted against the petitioner. number of other cases registered against her under the Excise Act. Trial is going on at a proper case. petitioner is released on bail, she may abscond or indulge in the similar offences. It is, thus, argued that the petition is liable to be dismissed. 5. length and have also perused the material placed on record. 6. 27.03.2024 44177-2024 (O&M) grant of regular bail before the learned trial Court but the same had been dismissed, vide order dated 09.05.2024. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. planted upon her. No independent witness was joined at the time of effecting aforesaid recovery. Even mandatory provisions of the NDPS Act were not complied. Even otherwise, investigation has since been completed challan has been presented. Conclusion of trial is likely petitioner is in custody since 27.03.2024 served by keeping her in custody anymore. It is, therefore, urged that the petition deserves to be allowed. Status report has been filed by the respondent submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of serious allegations against her. FSL report has been received, as per which, the total weight of the contraband would fall under commercial quantity. Hence, the rigors of Section 37 of the NDPS Act would be attracted against the petitioner. The petitioner is a habitual offender as she is number of other cases registered against her under the Excise Act. Trial is going on at a proper case. petitioner is released on bail, she may abscond or indulge in the similar offences. It is, thus, argued that the petition is liable to be dismissed. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. The petitioner was apprehended by the police party on 27.03.2024 and recovery of total 860 intoxicant -2- grant of regular bail before the learned trial Court but the same had been Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. False recovery has been No independent witness was joined at the time of effecting aforesaid recovery. Even mandatory provisions of the NDPS Act nvestigation has since been completed has been presented. Conclusion of trial is likely to take time. 27.03.2024. No useful purpose would be in custody anymore. It is, therefore, urged that the has been filed by the respondent-State. It is submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of bail as there are serious allegations against her. FSL report has been received, as per which, ontraband would fall under commercial quantity. Hence, the rigors of Section 37 of the NDPS Act would be attracted against The petitioner is a habitual offender as she is involved in a number of other cases registered against her under the NDPS Act as well as Excise Act. Trial is going on at a proper case. It is also argued that if the petitioner is released on bail, she may abscond or indulge in the similar offences. It is, thus, argued that the petition is liable to be dismissed. ve heard learned counsel for the parties at considerable length and have also perused the material placed on record. The petitioner was apprehended by the police party on intoxicant tablets of Alprazolam was grant of regular bail before the learned trial Court but the same had been Learned counsel for the petitioner has argued that the False recovery has been No independent witness was joined at the time of effecting aforesaid recovery. Even mandatory provisions of the NDPS Act nvestigation has since been completed to take time. . No useful purpose would be in custody anymore. It is, therefore, urged that the It is submitted therein and learned Assistant Advocate General, Punjab has bail as there are serious allegations against her. FSL report has been received, as per which, ontraband would fall under commercial quantity. Hence, the rigors of Section 37 of the NDPS Act would be attracted against involved in a NDPS Act as well as It is also argued that if the petitioner is released on bail, she may abscond or indulge in the similar ve heard learned counsel for the parties at considerable The petitioner was apprehended by the police party on was MOHAMMAD WASEEM ANSARI 2025.05.22 09:23 I attest to the accuracy and integrity of this document CRM-M-44177 effected from her. would fall within the ambit of commercial quantity. Section 37 of the NDPS Act would certainly be attracted against the petitioner. involved in multiple cases under the NDPS Act which, she has been convicted in 04 cases under the NDPS Act and in 04 other cases of similar nature, she is facing trial. Similarly, she has b convicted in as many as 11 cases under the Excise Act. This goes to show that the petitioner is a habitual offender. nothing on record to show that there would be any undue delay in conclusion of trial. The apprehensi that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded keeping in view her antecedents. Keeping in view the discussion as made above, the qua recovered contraband, sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to be grant the petition is dismissed. 7. only for the purpose of deciding the present petition and the same shall not be construed as an expression of opin 21.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 44177-2024 (O&M) effected from her. As per FSL report, the quantity of the recovered tablets would fall within the ambit of commercial quantity. Section 37 of the NDPS Act would certainly be attracted against the petitioner. A perusal of the status report would reveal that the petitioner involved in multiple cases under the NDPS Act which, she has been convicted in 04 cases under the NDPS Act and in 04 other cases of similar nature, she is facing trial. Similarly, she has b convicted in as many as 11 cases under the Excise Act. This goes to show that the petitioner is a habitual offender. The trial is going on and there is nothing on record to show that there would be any undue delay in conclusion of trial. The apprehension expressed by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded keeping in view her antecedents. Keeping in view the discussion as made above, the qua recovered contraband, the antecedents of the petitioner, sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to be granted benefit of regular bail, at this stage. Hence, the petition is dismissed. It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case. .05.2025 Whether speaking/reasoned Whether reportable -3- As per FSL report, the quantity of the recovered tablets would fall within the ambit of commercial quantity. Hence, the rigors of Section 37 of the NDPS Act would certainly be attracted against the ort would reveal that the petitioner is involved in multiple cases under the NDPS Act as well as Excise Act, out which, she has been convicted in 04 cases under the NDPS Act and in 04 other cases of similar nature, she is facing trial. Similarly, she has been convicted in as many as 11 cases under the Excise Act. This goes to show The trial is going on and there is nothing on record to show that there would be any undue delay in on expressed by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded keeping in view her antecedents. Keeping in view the discussion as made above, the quantity of the antecedents of the petitioner, the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner ed benefit of regular bail, at this stage. Hence, It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not ion on the merits of the case. (MANISHA BATRA) JUDGE Yes/No Yes/No As per FSL report, the quantity of the recovered tablets Hence, the rigors of Section 37 of the NDPS Act would certainly be attracted against the is as well as Excise Act, out which, she has been convicted in 04 cases under the NDPS Act and in 04 een convicted in as many as 11 cases under the Excise Act. This goes to show The trial is going on and there is nothing on record to show that there would be any undue delay in on expressed by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be stated to be unfounded keeping in view her ntity of the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner ed benefit of regular bail, at this stage. Hence, It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not (MANISHA BATRA) MOHAMMAD WASEEM ANSARI 2025.05.22 09:23 I attest to the accuracy and integrity of this document