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2025 DAILYLAW 96432 (PNJ)

AMJAD v. STATE OF PUNJAB

CRM-M/48736/2025 · 2025-09-05

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 207 CRM-M-48736-2025 Date of decision: 05.09.2025 AMJAD ......Petitioner VERSUS STATE OF PUNJAB .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ ***** Present: - Mr. Naresh K. Chhokar, Advocate and Mr. Tushar Rawal, Advocate for the petitioner. Mr. I.P.S Sabharwal, DAG, Punjab. ***** VINOD S. BHARDWAJ, J. (Oral) The instant petition is for seeking concession of regular bail in case bearing FIR No. 33 dated 02.04.2023 registered under Sections 18(C), 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sarai Amanat Khan, District Tarn Taran. 2. As per the facts, the present case was registered on the basis of a secret information received by the officials that Jabir son of Shahdeen and Amjad son of Jinda (petitioner herein) are engaged in the business of selling opium by bringing the same from U.P to Amritsar and Tarn Taran and in the surrounding areas. They were allegedly travelling in the car bearing VISHAL SHARMA 2025.09.05 18:07 I attest to the accuracy and integrity of this document CRM-M-48736-2025 -2- registration No. UP-19-7182. Consequent upon receipt of said information, a barricading was erected, and the petitioner was apprehended. On search of the vehicle, 4 Kg of Opium was recovered under the seat of the Driver Jabir. The petitioner is stated to be the co-passenger. 3. Learned Counsel appearing on behalf of the petitioner contends that the petitioner is in custody since 05.04.2023 and has already undergone an actual custody of more than 02 years and 04 months. He contends that only 02 witnesses out of 14 witnesses have been examined so far and that the petitioner is not involved in any other criminal case. 4. Counsel for the respondent-State does not dispute the aforesaid facts. 5. I have heard learned counsel appearing on behalf of the respective parties. 6. In view of the facts noticed above and taking into consideration the period of actual custody undergone by the petitioner, his role as assigned by the prosecution as well as the stage of the trial, I deem it appropriate to enlarge the petitioner on regular bail to the satisfaction of the trial Court. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. VISHAL SHARMA 2025.09.05 18:07 I attest to the accuracy and integrity of this document CRM-M-48736-2025 -3- 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. (VINOD S. BHARDWAJ) SEPTEMBER 05, 2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHAL SHARMA 2025.09.05 18:07 I attest to the accuracy and integrity of this document