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2025 DAILYLAW 87185 (PNJ)

PINTU KUMARI @ PINTU DEVI v. STATE OF PUNJAB

CRM-M/42313/2025 · 2025-09-10

Manisha Batra

body2025

Judgment text

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CRM-M-42313-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 239 CRM-M-42313-2025 (O&M) Date of decision: 10.09.2025 Pintu Kumari @ Pintu Devi ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Ram Kumar Chauhan, Advocate for the petitioner. Mr. Roshandeep Singh, AAG, Punjab. MANISHA BATRA, J. (Oral) 1. The instant one is the second petition that has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to her in FIR No. 70 dated 15.05.2025, registered under Sections 20 and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Machiwara, District Ludhiana. The previous petition was dismissed as withdrawn on 07.07.2025. 2. As per the allegations, on 15.05.2025, a police party was patrolling in the are of Kohara road, Machiwara Sahib, when a female was found coming on foot. On noticing the police officials, she tried to run away. On suspicion, she was apprehended. She was carrying a carry bag. On asking, she disclosed her name as Pintu Kumari @ Pintu Devi, who is the present petitioner. After completion of due formalities, the bag kept by her MOHAMMAD WASEEM ANSARI 2025.09.10 18:57 I attest to the accuracy and integrity of this document CRM-M-42313-2025 (O&M) -2- was checked and 380 grams of Ganja was recovered from the same, apart from a sum of Rs.4,200/- kept by her in her wearing apparel. The same were taken into custody. The petitioner was formally arrested. Investigation now stands completed. 3. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. A false recovery of the contraband has been planted upon her, which is of small quantity. She is in custody since 15.05.2025. Challan has been presented. Her further incarceration would not serve any useful purpose. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. 4. Status report has been filed by the respondent-State. Learned Assistant Advocate General, Punjab has argued that keeping in view the gravity of the allegations levelled against the petitioner, she 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 alleged to have been found in possession of 380 grams of Ganja. Investigation qua her stands completed. She does not have any criminal antecedents. Trial will take time to conclude. Keeping in view the aforesaid facts, I am of the considered opinion that no useful purpose would be served by keeping her in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to her furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will MOHAMMAD WASEEM ANSARI 2025.09.10 18:57 I attest to the accuracy and integrity of this document CRM-M-42313-2025 (O&M) -3- be open for the 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. 10.09.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.09.10 18:57 I attest to the accuracy and integrity of this document