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High Court of Punjab and Haryana · body

2025 DAILYLAW 95839 (PNJ)

DAVID v. STATE OF PUNJAB

CRM-M/47855/2025 · 2025-09-03

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 227 CRM-M-47855-2025 (O&M) Date of decision: 03.09.2025 David ...Petitioner(s) VERSUS State of Punjab ...Respondent(s) CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Akhil Saini, Advocate for the petitioner(s). Mr. Mohit Kapoor, Sr. DAG Punjab. ***** VINOD S. BHARDWAJ, J. (Oral) 1. The instant petition has been filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail to the petitioner in FIR bearing No.169 dated 14.09.2015, registered under Section 22 the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Ghall Khurd, District Ferozepur. 2. Briefly summarised, the fact of the instant case are that the petitioner was apprehended in possession of 104 strips of intoxicating tablets, each strip containing 10 tablets, totaling 1040 tablets of KALMFRESH 0.5 mg (Alprazolam), which falls within the category of commercial quantity. 3. Learned counsel appearing on behalf of the petitioner contends that the petitioner has been behind the bars for nearly 3 years, thus the concession of bail be granted to him in view of Article 21 of the Constitution MANGAL SINGH 2025.09.04 19:29 I am the author of this document 2 227 CRM-M-47855-2025 (O&M) of India. 4. Learned State counsel on the other hand contends that the entire prosecution evidence already stands concluded and the case is now ripe for arguments. He further contends that the trial in question was delayed on account of the petitioner having absconded from the trial for a period of more than 4 years, hence, the antecedents do not inspire confidence or his willingness to submit himself to the proceedings. He further contends that commercial quantity of intoxicating tablets have been recovered i.e. 104 strips each containing 10 tablets to a total of 1040 tablets of KALMFRESH 0.5 mg (Alprazolam). 5. Having heard the learned counsel for the parties and taking into consideration the fact that the trial is at the final stage and bearing in mind, the antecedents of the petitioner having absconded for a period of more than 4 years, I do not find it a fit ground for grant the concession of regular bail to the petitioner. 6. The present petition is accordingly dismissed. (VINOD S. BHARDWAJ) 03.09.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.09.04 19:29 I am the author of this document