1 1 CRM-M-44124- -2024 (O&M) 216+112 IN THE THE HIGH COURT OF PUNJAB NJAB v. CRM-M-44124-2024
Case Details
1 1 CRM-M-44124- -2024 (O&M) 216+112 IN THE THE HIGH COURT OF PUNJAB NJAB AND HARYANA AT GARH CHANDIGARH Arbaaz @ Arb @ Arbaj Punjab State of Punjab versus CRM-M-44124-2024 (O&M) M) 2025 Date of decision: July 24, 2025 D ioner ….Petitioner dent ….Respondent CORAM: HON’BLE MR. JUSTICE SUM SUMEET GOEL Present:- Mr. Puneet Bhushan, Advocate fo for the petitioner. Mr. Jasjit Singh, DAG Punjab. SUMEET GO T GOEL, J. (ORAL) ***** 1. Present petition has been filed the filed under Section 483 of the Bharatiya Nag a Nagarik Suraksha Sanhita, 2023 (f nt of 023 (for short ‘BNSS’) for grant of regular bail to bail to the petitioner in case bearing F
Facts
, aring FIR No.174 dated 11.12.2023, registered for d for the offences punishable under cotic under Section 22 of the Narcotic Drugs and Ps nd Psychotropic Substances Act, 1 Act’) ct, 1985 (for short ‘NDPS Act’) (Section 29 o 29 of the NDPS Act added later on mbu, ater on), at Police Station Shambu, District Patiala Patiala. 2. The gravamen of the FIR in ques is an n question is that the petitioner is an accused of be of being involved in FIR pertaining 800 aining to NDPS Act involving 800 intoxicant tabl nt tablets of Alprazolam. 3.
Legal Reasoning
ssed by this Court in CRM-M No.640 r v. o.64074 of 2024 titled Kulwinder v. State f of Punjab, decided on 10.1.2025 10 (neutral ation citation no.2025:PHHC :PHHC:002695). Suffice to say, further detenti s an detention of the petitioner as an undertrial is no is not warranted in the facts and circ nd circumstances of the case. 7. In view of above, the present pe er is ent petition is allowed. Petitioner is ordered to be to be released on regular bail on his f ds to n his furnishing bail/surety bonds to the satisfaction faction of the Ld. concerned trial Cou ever, ial Court/Duty Magistrate. However, in addition to tion to conditions that may be imp trial e imposed by the concerned trial MAHAVIR SINGH 2025.07.24 17:28 I attest to the accuracy and authenticity of this order/ judgment CRM-M-44124- -2024 (O&M) 4 4 Court/Duty M uty Magistrate, the petitioner shall re wing hall remain bound by the following conditions:- (i) The petitioner shall not mis (ii) The petitioner shall not tam documentary, during the tri (iii) The petitioner shall not abs ot mis-use the liberty granted. al or ot tamper with any evidence, oral or the trial. efore ot absent himself on any date before the trial. (iv) The petitioner shall not c e on not commit any offence while on bail. (v) The petitioner shall deposi h the deposit his passport, if any, with the trial Court. (vi) The petitioner shall give Investigating Officer/SHO and shall not change his ce permission of the trial Cour (vii) The petitioner shall not in the give his cellphone number to the r/SHO of concerned Police Station ation prior his cell-phone number without prior l Court/Illaqa Magistrate. y the not in any manner try to delay the trial. (viii) The petitioner shall submi every month, an affidavi Court, to the effect that commission of any offence In case the petitioner is offence after his being en FIR, on the basis of his affi mandated to move, forthwi which plea, but of course merits thereof. y of submit, on the first working day of fidavit, before the concerned trial trial that he has not been involved in d in bail. offence after being released on bail. er is found to be involved in any any ing enlarged on bail in the present esent ate is his affidavit or otherwise, the State is orthwith, for cancellation of his bail bail upon course, shall be ratiocinated upon 8. In case of breach of any of the a those f the aforesaid conditions and those which may be ay be imposed by concerned trial Cou ected al Court/Duty Magistrate as directed hereinabove ove or upon showing any o ny other sufficient cause, the the State/complain mplainant shall be at liberty to mov f the o move cancellation of bail of the petitioner. 9. 10. Ordered accordingly. Nothing said hereinabove shall be on of hall be construed as an expression of opinion on the on the merits of the case. MAHAVIR SINGH 2025.07.24 17:28 I attest to the accuracy and authenticity of this order/ judgment 5 5 CRM-M-44124- -2024 (O&M) 11. Since the main case has been de eous een decided, pending miscellaneous application, if ion, if any, shall also stands disposed o osed off. (SUMEET GOEL) JUDGE 2025 July 24, 2025 mahavir Whether speakin peaking/reasoned: Yes/No Whether reportab eportable: Yes/No MAHAVIR SINGH 2025.07.24 17:28 I attest to the accuracy and authenticity of this order/ judgment
Arguments
Learned counsel for the petitioner ioner itioner has iterated that the petitioner is in custody s tody since 11.12.2023. Learned couns rther counsel for the petitioner has further MAHAVIR SINGH 2025.07.24 17:28 I attest to the accuracy and authenticity of this order/ judgment CRM-M-44124- -2024 (O&M) 2 2 submitted that d that the mandatory provisions of t been ns of the NDPS Act have not been complied with d with, and thus, the prosecution case fects. n case suffers from inherent defects. Learned couns counsel for the petitioner has iterated ating erated that the trial is procrastinating and the folly th folly thereof cannot be fastened upon t unsel upon the petitioner. Learned counsel has further ite her iterated that the petitioner has su more has suffered incarceration for more than 01 year. T d for. year. Thus, regular bail is prayed for. 4. Learned State counsel has opp n by s opposed the present petition by arguing that th that the allegations raised against the ature st the petitioner are serious in nature and, thus, he s, he does not deserve the concessio rned cession of the regular bail. Learned State counsel h unsel has further submitted that the in y the he instant bail plea is barred by the rigors of Sect f Section 37 of the NDPS Act, and o be t, and thus, the same ought to be dismissed. Lea d. Learned State counsel seeks to plac icate to place on record custody certificate dated 23.07.20 .07.2025 in Court, which is taken on r n on record. 5. I have heard counsel for the rival ough e rival parties and have gone through the available re lable records of the case. 6. The petitioner was arrested after sted on 11.12.2023 whereinafter investigation w ation was carried out and challan was p Total was presented on 29.05.2024. Total 13 prosecution ecution witnesses have been cited and ined ed and only 02 have been examined till date. The . The rival contentions raised at Bar ssues at Bar give rise to debatable issues shall be ratioc ratiocinated upon during the course s not course of trial. This Court does not deem it approp appropriate to delve deep into these r tage, these rival contentions, at this stage, lest it may pre ay prejudice the trial. Nothing tangibl rd to angible has been brought forward to MAHAVIR SINGH 2025.07.24 17:28 I attest to the accuracy and authenticity of this order/ judgment CRM-M-44124- -2024 (O&M) 3 3 indicate the li the likelihood of the petitioner abs ss of er absconding from the process of justice or inter r interfering with the prosecution evid n evidence. 6.1. A perusal of the zimni orders pas ught passed by the trial Court, brought forth on record record by the petitioner, indicates that and es that the trial is procrastinating and folly thereof ereof cannot be fastened upon the tody n the petitioner. As per custody certificate date te dated 23.07.2025 filed by the learne ioner learned State counsel, the petitioner has already su ady suffered incarceration for a peri 7 a period of more than 01 year, 07 months and 07 07 days & is not shown to be invo R. In e involved in any other case/ FIR. In this view of th of the matter, the rigor imposed unde Act d under Section 37 of the NDPS Act stands diluted iluted in light of the Article 21 of a. A 21 of the Constitution of India. A profitable refe le reference in this regard is being mad y the ng made to a judgment passed by the Hon’ble Supre Supreme Court in Criminal Appeal N ved eal No.2787 of 2024 titled as Javed Gulam Nabi S abi Shaikh vs. State of Maharashtr s the htra and another, as well as the dicta passed by