CRM-M-16848-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 CRM-M-16848-2026 Decided on : 07.07.2026 RAMANDEEP KAUR .....PETITIONER Versus STATE OF PUNJAB ......RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Raghav Soni, Advocate for the petitioner. Mr. Vinay Malhotra, DAG, Punjab. ***** SANJAY VASHISTH, J. 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), seeking grant of regular bail in case FIR No.397 dated 03.12.2025, under Section 21-C, 29, 61, 85 of NDPS Act, registered at Police Station Gharinda, Amritsar Rural. 2. When the police party was patrolling, one secret informant met the police party and informed about two accused namely Prem Singh and Onkar Singh alias happy who procure the narcotic consignment of heroin from Pakistan and that today they came on foot from the side of India Gate Adda Khasa. On conducting raid, both the accused were arrested and from each one of them 01 kg heroin (total 2 kg) was recovered. Subsequently, on the basis of disclosure statement of already arrested accused namely Onkar Singh (also named in the FIR), name of the petitioner was also involved in the case. The petitioner is in custody since 04.12.2025 and nothing could be recovered from her possession at the time of arrest accept of one Oppo Mobile phone. Petitioner who is of the age of Page 1 of 4 Pages PRIYANKA 2026.07.08 19:21 I attest to the accuracy and integrity of this document CRM-M-16848-2026 29 years was never found indulged in any similar activity. As per the counsel for the petitioner she is home maker, however, her husband Amrit Pal Singh being one of the accused in the present case apart the other cases, unnecessarily petitioner has also been made accused. 3. On advance notice and in response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 06.07.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, petitioner has already undergone 07 months period inside jail. 4. Learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, submits that petitioner does not deserve the concession of regular bail in the present case, as allegations against petitioner are of an extremely grave and serious nature. Thus, prays for dismissal of bail. 5. After hearing learned counsel for the parties at length and perusing the material available on record with their able assistance, this Court finds merit in the submissions advanced on behalf of the petitioner. 6. It is pertinent to note that Legislature has consciously incorporated a special provision to ensure that certain categories of accused, including women, children, and persons who are sick or infirm are not unnecessarily kept in prolonged custody. In this regard, reference is made to Section 480(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, which reads as under:- Page 2 of 4 Pages PRIYANKA 2026.07.08 19:21 I attest to the accuracy and integrity of this document CRM-M-16848-2026 “480. When bail may be taken in case of non-bailable offence. (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but- (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years:Provided that the Court may direct that a person referred to in clause (I) or clause (ii) be released on bail if such person is a child or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: (2) xxxxxxxxx (3) xxxxxxxxx (4) xxxxxxxxx (5) xxxxxxxxx (6) xxxxxxxxx (7) xxxxxxxxx” Moreover, offences in the present case are triable by the Court of learned Magistrate. Therefore, this Court deems it appropriate not to curtail personal liberty of petitioner, who is a woman, for any longer because, period of about 07 months has already been undergone by her inside jail. 7. Therefore, considering the facts in totality and other circumstances of the case, nature of the allegations levelled against the petitioner, factors noticed here above, and the special provisions governing grant of bail under the statute, this Court is of the considered view that petitioner's case falls within the parameters warranting the grant of regular bail. Accordingly, this Court deems it appropriate to grant the concession of regular bail to the petitioner in the present case. Page 3 of 4 Pages PRIYANKA 2026.07.08 19:21 I attest to the accuracy and integrity of this document CRM-M-16848-2026 8. Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to her furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 9. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 10. Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 11. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 07.07.2026 pry Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO Page 4 of 4 Pages PRIYANKA 2026.07.08 19:21 I attest to the accuracy and integrity of this document