Nitin Pal v. State of Punjab
Case Details
CRM-M-31182 31182-2025 (O&M) -1- 205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM CRM-M-31182-2025 (O&M) Date of Decision : 23.06.2025 Date of Decision : Nitin Pal ....Petitioner VERSUS State of Punjab ....Respondents
Legal Reasoning
CORAM : HON’BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE VIKAS BAHL Mr. Ruhani Chadha, Advocate for the petitioner Present: Mr. Ruhani Chadha, Advocate for the petitioner Mr. Ruhani Chadha, Advocate for the petitioner Mr. Surya Kumar, AAG Punjab Mr. Surya Kumar, AAG Punjab -.- VIKAS BAHL, J. (ORAL) VIKAS BAHL, J. (ORAL) 1. This is the first petition under Section 483 of the B.N.S.S., 2023 for This is the first petition under Section 483 of the B.N.S.S., 2023 for This is the first petition under Section 483 of the B.N.S.S., 2023 for This is the first petition under Section 483 of the B.N.S.S., 2023 for grant of regular bail to the petitioner in FIR No.144 dated 17.09.2024 registered under grant of regular bail to the petitioner in FIR No.144 dated 17.09.2024 registered under grant of regular bail to the petitioner in FIR No.144 dated 17.09.2024 registered under grant of regular bail to the petitioner in FIR No.144 dated 17.09.2024 registered under Section 21-A of the Narcotic Drugs A of the Narcotic Drugs and Psychotropic Substances Act , 1985 and Psychotropic Substances Act, 1985 as “NDPS Act”) and Section 29 of NDPS and Section 61 (2) (hereinafter referred to as “NDPS Act”) and Section 29 of NDPS and Section 61 (2) as “NDPS Act”) and Section 29 of NDPS and Section 61 (2) (hereinafter referred to of BNS, 2023 added later on, at Police Station Special Task Force, Phase IV, District of BNS, 2023 added later on, at Police Station Special Task Force, Phase IV, District of BNS, 2023 added later on, at Police Station Special Task Force, Phase IV, District of BNS, 2023 added later on, at Police Station Special Task Force, Phase IV, District STF Wing SAS Nagar, Mohali. STF Wing SAS Nagar, Mohali. 2. Learned counsel for the petitioner has submitted that the petitioner was Learned counsel for the petitioner has submitted that the petitioner was Learned counsel for the petitioner has submitted that the petitioner was Learned counsel for the petitioner has submitted that the petitioner was ed on 18.09.2024 and the investigation is complete and challan has been arrested on 18.09.2024 and the investigation is complete and challan has been ed on 18.09.2024 and the investigation is complete and challan has been ed on 18.09.2024 and the investigation is complete and challan has been presented and out of 21 witnesses none has been examined presented and out of 21 witness and the trial is likely to none has been examined and the trial is likely to . It is further submitted that the petitioner is not involved in any other case take time. It is further submitted that the petitioner is not involved in any other case . It is further submitted that the petitioner is not involved in any other case . It is further submitted that the petitioner is not involved in any other case NDPS Act and in the present case the petitioner was not named in the FIR under the NDPS Act and in the present case the petitioner was not named in the FIR NDPS Act and in the present case the petitioner was not named in the FIR NDPS Act and in the present case the petitioner was not named in the FIR and the alleged recovery is from the house of co- and the alleged recovery accused Gursahib Singh @ Saba. It -accused Gursahib Singh @ Saba is further submitted that the petitioner has been implicated in the present case on the is further submitted that the petitioner has been implicated in the present case on the is further submitted that the petitioner has been implicated in the present case on the is further submitted that the petitioner has been implicated in the present case on the basis of the disclosure statement of co accused Lakhwinder Singh, who in addition to accused Lakhwinder Singh, who in addition disclosure statement of co-accused Lakhwinder Singh, who in addition TRIPTI SAINI 2025.06.24 18:56 I attest to the accuracy and integrity of this document CRM-M-31182 31182-2025 (O&M) -2- named Tamanna Joshi @ Tamanna Rai as one of the the present petitioner had also named Tamanna Joshi @ Tamanna Rai as one of the named Tamanna Joshi @ Tamanna Rai as one of the the present petitioner had also , who is stated to accused. It is submitted that said Tamanna Joshi @ Tamanna Rai, who is stated to accused. It is submitted that said Tamanna Joshi @ Tamanna Rai accused. It is submitted that said Tamanna Joshi @ Tamanna Rai aced as the present petitioner, has been granted regular bail by a have been similarly placed as the present petitioner, has been granted regular bail by a aced as the present petitioner, has been granted regular bail by a have been similarly pl ordinate Bench of this Court vide order dated 26.05.2025, passed in CRM- co-ordinate Bench of this Court vide order dated 26.05.2025, passed in CRM ordinate Bench of this Court vide order dated 26.05.2025, passed in CRM -M- 2025. It is argued that even after the arrest of the petitioner no recovery has 9767-2025. It is argued that even after the arrest of the petitioner no recovery has 2025. It is argued that even after the arrest of the petitioner no recovery has 2025. It is argued that even after the arrest of the petitioner no recovery has sent petitioner and thus there is no link evidence against the been affected from the present petitioner and thus there is no link evidence against the sent petitioner and thus there is no link evidence against the been affected from the pre present petitioner in respect to the alleged recovery other than the disclosure statement present petitioner in respect to the alleged recovery other than the disclosure statement present petitioner in respect to the alleged recovery other than the disclosure statement present petitioner in respect to the alleged recovery other than the disclosure statement of Lakhwinder Singh. It is submitted that Gursahib Singh @ Saba, from whose house of Lakhwinder Singh. It is submitted that Gursahib Singh @ Saba, from whose house of Lakhwinder Singh. It is submitted that Gursahib Singh @ Saba, from whose house of Lakhwinder Singh. It is submitted that Gursahib Singh @ Saba, from whose house e, has been exonerated in the present FIR. the recovery was made, has been exonerated in the present FIR. the recovery was mad 3. Learned State counsel, on the other hand, has opposed the present Learned State counsel, on the other hand, has opposed the present Learned State counsel, on the other hand, has opposed the present Learned State counsel, on the other hand, has opposed the present the recovery of 460 grams of heroin petition for regular bail and has submitted that the recovery of 460 grams of heroin the recovery of 460 grams of heroin petition for regular bail and has submitted that was made from the house /flat of the co-accused Gursahi was made from the house /flat of the co b Singh @ Saba and accused Gursahib Singh @ Saba and on the basis of the thereafter, one Lakhwinder Singh was nominated as an accused on the basis of the thereafter, one Lakhwinder Singh was nominated as an accused thereafter, one Lakhwinder Singh was nominated as an accused sahib Singh and the said Lakhwinder Singh has nominated disclosure statement of Gursahib Singh and the said Lakhwinder Singh has nominated sahib Singh and the said Lakhwinder Singh has nominated disclosure statement of Gur the present petitioner along with Tamanna Joshi @ Tamanna Rai and thus, the the present petitioner along with Tamanna Joshi @ Tamanna Rai and thus, t the present petitioner along with Tamanna Joshi @ Tamanna Rai and thus, t the present petitioner along with Tamanna Joshi @ Tamanna Rai and thus, t involvement of the present petitioner in the present case is apparent and the petitioner involvement of the present petitioner in the present case is apparent and the petitioner involvement of the present petitioner in the present case is apparent and the petitioner involvement of the present petitioner in the present case is apparent and the petitioner does not deserve the concession of regular bail. The other aspects however are not in does not deserve the concession of regular bail. The other aspects however are not in does not deserve the concession of regular bail. The other aspects however are not in does not deserve the concession of regular bail. The other aspects however are not in dispute. 4. Keeping in view the above-said facts and circumstances, Keeping in view the above said facts and circumstances, more so the fact that Tamanna Joshi @ Tamanna Rai, who is similarly placed as present petitioner fact that Tamanna Joshi @ Tamanna Rai, who is similarly placed as present petitioner fact that Tamanna Joshi @ Tamanna Rai, who is similarly placed as present petitioner fact that Tamanna Joshi @ Tamanna Rai, who is similarly placed as present petitioner ordinate Bench of this Court vide order dated has been granted regular bail by a co-ordinate Bench of this Court vide order dated ordinate Bench of this Court vide order dated has been granted regular bail by a co 2025 and also the fact that the present petitioner 2025 and also the fact that the present petitione 26.05.2025, passed in CRM-M-9767-2025 and also the fact that the present petitione 26.05.2025, passed in CRM is inside since 18.09.2024 and out of 21 witnesses none has been examined and the is inside since 18.09.2024 and out of 21 witnesses none has been examined and the is inside since 18.09.2024 and out of 21 witnesses none has been examined and the is inside since 18.09.2024 and out of 21 witnesses none has been examined and the trial is likely to take some time and the present petitioner in not involved in any other trial is likely to take some time and the present petitioner in not involved in any other trial is likely to take some time and the present petitioner in not involved in any other trial is likely to take some time and the present petitioner in not involved in any other case under the NDPS Act and also no recovery has been made from the present case under the NDPS Act and also no recovery has been made from the present case under the NDPS Act and also no recovery has been made from the present case under the NDPS Act and also no recovery has been made from the present the present petition is allowed and the petitioner is directed to be released petitioner, the present petition is allowed and the petitioner is directed to be released the present petition is allowed and the petitioner is directed to be released the present petition is allowed and the petitioner is directed to be released TRIPTI SAINI 2025.06.24 18:56 I attest to the accuracy and integrity of this document CRM-M-31182 31182-2025 (O&M) -3- on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate and subject to him not being required in any other case. trial Court/Duty Magistrate and subject to him not being required in any other case trial Court/Duty Magistrate and subject to him not being required in any other case trial Court/Duty Magistrate and subject to him not being required in any other case The petitioner shall also abide by the following conditions:- The petitioner shall also abide by the following conditions: The petitioner shall also abide by the following conditions: The petitioner will not tamper with the evidence during the trial. a). The petitioner will not tamper with the evidence during the trial. The petitioner will not tamper with the evidence during the trial. The petitioner will not pressurize / intimidate the prosecution witness(s). b). The petitioner will not pressurize / intimidate the prosecution witness(s). The petitioner will not pressurize / intimidate the prosecution witness(s). c). The petitioner will appear before the trial Court on the date fixed, unless The petitioner will appear before the trial Court on the date fixed, unless the trial Court on the date fixed, unless personal presence is exempted. personal presence is exempted. The petitioner shall not commit an offence similar to the offence of which he is d). The petitioner shall not commit an offence similar to the offence of which he is The petitioner shall not commit an offence similar to the offence of which he is The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected. accused of, or for commission of which he is suspected. accused of, or for commission of which he is suspected. e). The petitioner shall not directly or indirectly make any inducement, threat or The petitioner shall not directly or indirectly make any inducement, threat or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade promise to any person acquainted with the facts of the case so as to dissuade promise to any person acquainted with the facts of the case so as to dissuade promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper him from disclosing such facts to the Court or to any police officer or tamper him from disclosing such facts to the Court or to any police officer or tamper him from disclosing such facts to the Court or to any police officer or tamper with the evidence. with the evidence. 5. above conditions, the prosecution shall be In case of breach of any of the above conditions, the prosecution shall be above conditions, the prosecution shall be In case of breach of any of the at liberty to move an application for cancellation of bail before this Court. at liberty to move an application for cancellation of bail before this Court. at liberty to move an application for cancellation of bail before this Court. 6. Nothing stated above shall be construed as a final expression of opinion Nothing stated above shall be construed as a final expression of opinion Nothing stated above shall be construed as a final expression of opinion Nothing stated above shall be construed as a final expression of opinion ependently of the on the merits of the case and the trial would proceed independently of the on the merits of the case and the trial would proceed ind on the merits of the case and the trial would proceed ind observations made in the present case which are only for the purpose of adjudicating observations made in the present case which are only for the purpose of adjudicating observations made in the present case which are only for the purpose of adjudicating observations made in the present case which are only for the purpose of adjudicating the present bail petition. the present bail petition. 7.
Decision
Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of Pending application(s), if any, also stand disposed of June 23, 2025 tripti (VIKAS BAHL) JUDGE speaking : Speaking Whether speaking/non-speaking : Speaking Whether reportable : YES/NO Whether reportable : YES/NO TRIPTI SAINI 2025.06.24 18:56 I attest to the accuracy and integrity of this document