The High Court
Case Details
IN THE THE HIGH COURT OF PUNJAB CHANDIGARH AT CHANDIGARH PUNJAB & HARYANA 208 Nishant @ Bunty Bunty @ Bani ...Petitioner CRM-M-54932 Date of decision: 54932-2025(O&M) decision: 09.12.2025 VERSUS State of Punjab ...Respondent CORAM : HON'BLE
Legal Reasoning
HON'BLE MR. JUSTICE VINOD VINOD S. BHARDWAJ Present :- Mr. Mr. Nikhil Ghai, Advocate, for the petitioner. petitioner. Mr. Mohit Kapoor, Sr.DAG, Punjab Mr. Punjab. VINOD S. BHARDWAJ ***** BHARDWAJ, J. (Oral) The instant first petition has been filed The filed under Section 483 of the Bharatiya Nagarik Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case case bearing FIR No.170 dated 13.07.2025 registered under Sections 22, 29, 29, 61, 85 of the Narcotic Drugs and and Psychotropic Substances Act, 1985 at Police Police Station Model Town, District Hoshiarpur. 2. Briefly summarized, the facts of the present Briefly present case as per the present FIR reads as under: under:- “Today, I, ASI Deepak Singh 1207/Hoshiarpur, “Today, 1207/Hoshiarpur, ASI Ravinder Singh 503/Hoshiarpur, PHG Parminder Singh Parminder Kumar No. 13673 were in a a Government Vehicle bearing No No PB-65-BC-2439, along with laptop and printer were patrolling in laptop in search of bad elements. We were present at the T-point of mohalla were mohalla Bhagat Nagar and Tanda Hoshiarpur road. A young Hindu gentleman Hoshiarpur gentleman was seen coming on foot from Mohalla Bhagat Nagar, who foot who when saw the police party standing on the ground in front, got panicked standing panicked and took out a white envelope from the right pocket of his envelope his blue jeans, threw it in the grass and started running back. I, grass ASI, with the help of fellow employees, apprehended the accused employees, accused and asked him about his identity, who then told his name identity, as Nishant @ Bani, son of GaraDass, resident of Mohala Bhagat GaraDass, Bhagat Nagar, Street No. 02, House No. 453, Police Station Model House Model Town, District Hoshiarpur. SUMIT SINGH GUSAIN 2025.12.10 12:48 I attest to the accuracy and integrity of this document 208 CRM-M-54932-2025(O&M) 2 Then I, ASI, while introducing myself told Nishant @ Bani that I am ASI Sewa Das No. 864/Hoshiarpur Police Station Model Town, District Hoshiarpur, and that I am posted as 10. 1 am wearing my uniform which has my name plate and the police party along with me is also wearing uniform with their name plate and are posted in P.S Model Town Hoshiarpur. He was told that it is suspected that there is an illegal substance in the white colour envelope you threw and has to be search. You have the legal right to get yourself and white colour envelope you threw searched by a magistrate or a gazetted officer, who can be arranged here at the spot or you along the white colour envelope can be taken to them. To which, Nishant @ Bani said that I don't want to get the search conducted by gazetted officer or a magistrate. On this, notice under section 50 of the NDPS Act was given to the above- mentioned Nishant @ Bani and a consent memo was prepared on which Nishant @ Bani signed in English and witnesses gave their testimonies. Before conducting the search of Nishant @ Bani an effort was made to join an independent witness, but everybody explained their difficulties. Then I, ASI, in the presence of his fellow employees, picked the white colour envelope thrown by Nishant @ Bani and asked him what is in it and then Nishant @ Bani said that the white colour envelope has intoxicated tablets. On this the white envelope was opened and in it on more transparent polythene was present and in that intoxicant tablets were present. After counting them, a total of 204 unmarked white narcotic pills were found. They were then put in the same white transparent envelope, and then in the same white envelope, and then in a yellow envelope, and a parcel case property was prepared.” 3. Learned counsel appearing for the petitioner contends that as per the prosecution version, 204 intoxicant tablets were recovered from a white coloured polythene bag which the petitioner is alleged to have thrown away on seeing the police party. He further contends that notwithstanding the petitioner being in custody since 13.07.2025, yet, the respondents have not yet SUMIT SINGH GUSAIN 2025.12.10 12:48 I attest to the accuracy and integrity of this document 208 CRM-M-54932-2025(O&M) 3 obtained the FSL report so as to ascertain the nature of the salt and to determine the category of the recovered quantity of recovered contraband. He contends that in the absence of the said report, it cannot be definitively said that the recovered tablets would fall within the commercial or non-commercial category. He further contends that the bail application filed by the petitioner before the Trial Court was declined only on the ground that he was involved in another case under the Narcotic Drugs and Psychotropic Substances Act, 1985, however, he has already been granted concession of regular bail in the said case. He submits that there is no investigation pending qua the petitioner and the trial is yet to commence since the challan was presented only in September, 2025. 4. State Counsel does not dispute that the FSL report with respect to the seized contraband is still awaited. He is however not in a position to assign the reasons for the failure to obtain the FSL report in the present case. 5. I have heard learned counsel appearing on behalf of the respective parties and have gone through the documents appended along with the present petition. 6. Taking into consideration the circumstances noted above as well as the fact that the FSL report is still awaited and the true nature and categorization of the contraband recovered therefore remains undetermined and further noting that the trial is likely to take considerable time to conclude, I deem it appropriate to allow the present petition. 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. SUMIT SINGH GUSAIN 2025.12.10 12:48 I attest to the accuracy and integrity of this document 208 CRM-M-54932-2025(O&M) 4 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. 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. 10.
Decision
Pending application(s), if any, shall stand disposed of. 09.12.2025 Sumit Gusain (VINOD S. BHARDWAJ) JUDGE Whether speaking/reasoned Whether reportable : : Yes/No Yes/No SUMIT SINGH GUSAIN 2025.12.10 12:48 I attest to the accuracy and integrity of this document