IN THE HIGH COURT OF PUNJAB AND HARYANA 230 SHIVAM SINGH STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE MRS. Present : Mr Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA 1. This is the second petition Nagarik Suraksha Sanhita, 2023 (for short of regular bail in case arising out of 02/2021 under Sections Division No.5 Ludhiana. filed by the petitioner was dismissed by this Court vide order dated 26.11.2024. 2. As per the allegations, on receipt of an information regarding huge quantity of Cannabis (Ganja) lying stored in some godo Mangli Nichi, Sahnewal, District Ludhiana, a search was conducted in the said godown on 08.09.2021 and the petitioner was found present therein. It was informed by the petitioner that godown was taken on rent by him from one Jiya Lal. The co-accused Arwinder Singh Sidhu, Mintu Singh and Manoj Sharma were also present there. On conducted search, 52 brown colour packets containing Cannibis Ganja was recovered. The petitioner was arrested a IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: SHIVAM SINGH Versus STATE OF PUNJAB AND ANOTHER HON’BLE MRS. JUSTICE MANISHA BATRA Mr. N.S. Dadwal, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. **** MANISHA BATRA, J. (oral) This is the second petition filed under Section 483 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) of regular bail in case arising out of complaint under Sections 8, 20, 27-A, 29 and 60 Division No.5 Ludhiana. The first petition bearing No. CRM filed by the petitioner was dismissed by this Court vide order dated As per the allegations, on receipt of an information regarding huge quantity of Cannabis (Ganja) lying stored in some godo Mangli Nichi, Sahnewal, District Ludhiana, a search was conducted in the said godown on 08.09.2021 and the petitioner was found present therein. It was informed by the petitioner that godown was taken on rent by him from one Jiya accused Arwinder Singh Sidhu, Mintu Singh and Manoj Sharma were also present there. On conducted search, 52 brown colour packets containing Cannibis (Ganja) were found kept therein. On weighing was recovered. The petitioner was arrested a IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.1679 of 2025 Date of decision: 28.03.2025 …. Petitioner …. Respondents MANISHA BATRA , Advocate for the petitioner. filed under Section 483 of Bharatiya ‘BNSS’) by the petitioner for grant complaint No.DRI/LDZU/855/INT- and 60 of NDPS Act, at Police Station The first petition bearing No. CRM-M-45154-2024 filed by the petitioner was dismissed by this Court vide order dated As per the allegations, on receipt of an information regarding huge quantity of Cannabis (Ganja) lying stored in some godown in village Mangli Nichi, Sahnewal, District Ludhiana, a search was conducted in the said godown on 08.09.2021 and the petitioner was found present therein. It was informed by the petitioner that godown was taken on rent by him from one Jiya accused Arwinder Singh Sidhu, Mintu Singh and Manoj Sharma were also present there. On conducted search, 52 brown colour packets were found kept therein. On weighing, 428.13 kgs was recovered. The petitioner was arrested and on interrogation, he Bharatiya by the petitioner for grant - ce Station 2024 filed by the petitioner was dismissed by this Court vide order dated As per the allegations, on receipt of an information regarding wn in village Mangli Nichi, Sahnewal, District Ludhiana, a search was conducted in the said godown on 08.09.2021 and the petitioner was found present therein. It was informed by the petitioner that godown was taken on rent by him from one Jiya accused Arwinder Singh Sidhu, Mintu Singh and Manoj Sharma were also present there. On conducted search, 52 brown colour packets 428.13 kgs nd on interrogation, he Jyoti 2025.04.02 16:46 I attest to the accuracy and integrity of this document CRM disclosed that he had procured contraband from Ber accused Ranjee accused. They were also arrested. Complaint was filed. 4. It is argued by learned coun accused Arwinder Singh Sidhu, Rajneet been extended benefit of bail. On parity, he too bail. He is in custody since 09.09.2021. The trial is likely to take further incarceration would not serve any useful purpose. Therefore, argued that the petition deserves to be allowed. 5. Status report has been filed. It is argued by learned State counsel that the allegations against the petitioner are se been made culprit in this case since the recovery of 428.13kgs of effected from the premises wherein he was present. He is main supplier of the contraband and used to have conversation with the co offender as one more case under the NDPS Act is pending against him. There are chances of bail. Therefore, it is urged that he does not deserve to be 6. I have heard learned counsel for the parties at considerable length. 7. The petitioner is in custody since 09.09.2021. All the co have since been extended benefit of bail. Undoubtedly, rigors of Section 37 of NDPS Act are attracted. However, the pet for a period of 3 ½ years. Complaint/challan already stands presented. Only 1 out of 16 witnesses of the complainant had would take considerable time to conclude. facts, the petition is allowed. The petitioner is ordered to be released on bail CRM-M No.1679 of 2025 disclosed that he had procured contraband from Ber accused Ranjeet Rai and Bindesh Rai were nominated by the petitioner as co accused. They were also arrested. Complaint was filed. It is argued by learned counsel for the petitioner that the co sed Arwinder Singh Sidhu, Rajneet Rai, Manoj and Bidesh Rai have since been extended benefit of bail. On parity, he too bail. He is in custody since 09.09.2021. The trial is likely to take further incarceration would not serve any useful purpose. Therefore, argued that the petition deserves to be allowed. Status report has been filed. It is argued by learned State counsel that the allegations against the petitioner are se been made culprit in this case since the recovery of 428.13kgs of effected from the premises wherein he was present. He is main supplier of the contraband and used to have conversation with the co offender as one more case under the NDPS Act is pending against him. There his committing the similar offences bail. Therefore, it is urged that he does not deserve to be have heard learned counsel for the parties at considerable length. The petitioner is in custody since 09.09.2021. All the co have since been extended benefit of bail. Undoubtedly, rigors of Section 37 of NDPS Act are attracted. However, the petitioner has undergone actual custody for a period of 3 ½ years. Complaint/challan already stands presented. Only 1 witnesses of the complainant had been examined so far. The trial would take considerable time to conclude. Keeping in view the afor facts, the petition is allowed. The petitioner is ordered to be released on bail M No.1679 of 2025 -2- disclosed that he had procured contraband from Berhampur, Odisha. Co- t Rai and Bindesh Rai were nominated by the petitioner as co- accused. They were also arrested. Complaint was filed. sel for the petitioner that the co- Rai, Manoj and Bidesh Rai have since been extended benefit of bail. On parity, he too deserves to be released on bail. He is in custody since 09.09.2021. The trial is likely to take time. His further incarceration would not serve any useful purpose. Therefore, it is Status report has been filed. It is argued by learned State counsel that the allegations against the petitioner are serious in nature, in fact, he has been made culprit in this case since the recovery of 428.13kgs of Cannabis was effected from the premises wherein he was present. He is main supplier of the contraband and used to have conversation with the co-accused. He is a habitual offender as one more case under the NDPS Act is pending against him. There committing the similar offences, if he is extended benefit of bail. Therefore, it is urged that he does not deserve to be released on bail. have heard learned counsel for the parties at considerable length. The petitioner is in custody since 09.09.2021. All the co-accused have since been extended benefit of bail. Undoubtedly, rigors of Section 37 of itioner has undergone actual custody for a period of 3 ½ years. Complaint/challan already stands presented. Only 1 been examined so far. The trial Keeping in view the afore-discussed facts, the petition is allowed. The petitioner is ordered to be released on bail - - - Rai, Manoj and Bidesh Rai have since be released on time. His it is Status report has been filed. It is argued by learned State counsel rious in nature, in fact, he has Cannabis was effected from the premises wherein he was present. He is main supplier of the is a habitual offender as one more case under the NDPS Act is pending against him. There extended benefit of accused have since been extended benefit of bail. Undoubtedly, rigors of Section 37 of itioner has undergone actual custody for a period of 3 ½ years. Complaint/challan already stands presented. Only 1 been examined so far. The trial discussed facts, the petition is allowed. The petitioner is ordered to be released on bail Jyoti 2025.04.02 16:46 I attest to the accuracy and integrity of this document CRM subject to his furnishing personal/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. 8. The petitioner shall, however, inform the concerned Intelligence Officer, D.R.I. (Zonal Unit), Ludhiana/Investigating Officer and also number. He will mark his presence before the concerned Officer/Investigating Officer on first Monday of every month till the conclusion of trial and in case, the Intelligence Offic refuses to mark his presence, he is permitted to move an application before the Illaqa Magistrate co 9. This petition is disposed of accordingly. 10. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on merits of the case. 28.03.2025 Jyoti-IV CRM-M No.1679 of 2025 subject to his furnishing personal/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. The petitioner shall, however, inform the concerned Intelligence Officer, D.R.I. (Zonal Unit), Ludhiana/Investigating and also about his present as well permanent address and number. He will mark his presence before the concerned Officer/Investigating Officer on first Monday of every month till the conclusion of trial and in case, the Intelligence Offic to mark his presence, he is permitted to move an application before the Illaqa Magistrate concerned. This petition is disposed of accordingly. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on merits of the case. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.1679 of 2025 -3- subject to his furnishing personal/surety bonds to the satisfaction of the learned The petitioner shall, however, inform about his release on bail to the concerned Intelligence Officer, D.R.I. (Zonal Unit), Ludhiana/Investigating about his present as well permanent address and his cell phone number. He will mark his presence before the concerned Intelligence Officer/Investigating Officer on first Monday of every month till the conclusion of trial and in case, the Intelligence Officer/Investigating Officer to mark his presence, he is permitted to move an application before the This petition is disposed of accordingly. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on merits of the case. (MANISHA BATRA) JUDGE Yes/No. Yes/No subject to his furnishing personal/surety bonds to the satisfaction of the learned about his release on bail to the concerned Intelligence Officer, D.R.I. (Zonal Unit), Ludhiana/Investigating his cell phone gence Officer/Investigating Officer on first Monday of every month till the er/Investigating Officer to mark his presence, he is permitted to move an application before the It is, however, clarified that observations made hereinabove shall Jyoti 2025.04.02 16:46 I attest to the accuracy and integrity of this document