CRM-M-45455 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 230 CRM-M-45455 of 2025 Date of Decision: 25.09.2025 Amanpreet Singh alias Amni ....Petitioner Versus State of Punjab ....Respondent CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. J.K. Singla, Advocate and Ms. Suman Rani, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J (ORAL) 1. Prayer in the instant petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner in case FIR No.89 dated 24.06.2025 registered under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station City 1 Mansa, District Mansa. 2. Brief facts of the present case are that as per the prosecution, on 24.06.2025, SI Mela Singh, along with his fellow police officials was on patrolling duty and on suspicion, apprehended the petitioner, who was found in conscious possession of 52 grams of heroin. 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with DINESH BANSAL 2025.09.26 10:41 I attest to the accuracy and integrity of this document Chandigarh CRM-M-45455 of 2025 -2- the said offence. He further contends that mandatory provisions of the NDPS Act were not complied with at the time of alleged search and seizure. He argued that recovery has already been effected from the petitioner and nothing more is to be recovered from him. The petitioner is in custody since 24.06.2025. The investigation in the case is complete, challan stands presented and charges have also been framed. He further submits that there are total 14 prosecution witnesses in the present case but none has been examined till date and as such, the trial will take a long time to conclude and no useful purpose would be served by keeping him behind bars. Therefore, it is urged that the petition deserves to be allowed. 4. On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while referring the same, has vehemently opposed the prayer for bail by submitting that the offence committed by the petitioner is serious in nature. He has further submitted that the petitioner was apprehended at the spot with recovery of alleged contraband, which falls under the intermediate quantity. He has further submitted that the petitioner is involved in one more case but he does not dispute the fact that the petitioner has been acquitted in that case. 5. Having heard learned counsel for the parties at length and after perusing the record of the case, it is evident that the petitioner is in custody for the last 03 months, investigation is complete; challan stands presented; charges have also been framed, and the fact that trial may take a long time to conclude, no useful purpose would be served by detaining him in further custody. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future would be violative of his rights DINESH BANSAL 2025.09.26 10:41 I attest to the accuracy and integrity of this document Chandigarh CRM-M-45455 of 2025 -3- under Article 21 of the Constitution of India. 6. Reliance is placed upon a judgment in the case of Dataram Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131, wherein Hon’ble Apex Court has held that keeping somebody behind the bars, till his guilt is proved, for an indefinite period amounts to infringement of her right to life and liberty, as enshrined under Article 21 of Constitution of India and is against the principle “bail is a rule” and “jail is an exception”. 7. In view of the above, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned. It is clarified that nothing stated herein shall be construed as an expression of opinion on the merits of the case. (RUPINDERJIT CHAHAL) 25.09.2025 JUDGE D.Bansal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DINESH BANSAL 2025.09.26 10:41 I attest to the accuracy and integrity of this document Chandigarh