CRM-M-73776 v. State of Punjab

MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Rajiv Kumar Saini , Advocate for the petitioner. . Rajiv Kumar Saini, Advocate for the petitioner. . H.S.Wadhwa, DAG Punjab. Mr. H.S.Wadhwa, DAG Punjab. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. petition filed under Section 483 of the Bharatiya This is the third petition filed under Section 483 of the Bharatiya petition filed under Section 483 of the Bharatiya This is the Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case FIR No. 53 53 dated 29.03.2024, registered under Sections the NDPS , registered under Sections 21-C of the NDPS Act (Section 29 (Section 29 of NDPS Act added later on) at Police Station special task force, at Police Station special task force, District STF Wing, SAS Nagar. District STF Wing, SAS Nagar

2. As per the prosecution case, the present FIR was registered on the As per the prosecution case, the present FIR was registered on the As per the prosecution case, the present FIR was registered on the As per the prosecution case, the present FIR was registered on the basis of a secret information received by the police to the effect that the petitioner basis of a secret information received by the police to the effect that the petitioner basis of a secret information received by the police to the effect that the petitioner basis of a secret information received by the police to the effect that the petitioner was indulging in the supply of heroin in various areas of Amritsar and was present was indulging in the supply of heroin in various areas of Amritsar and was present was indulging in the supply of heroin in various areas of Amritsar and was present was indulging in the supply of heroin in various areas of Amritsar and was present itam Enclave, opposite Rian International School, G.T. Road, near the turn of Pritam Enclave, opposite Rian International School, G.T. Road, itam Enclave, opposite Rian International School, G.T. Road, near the turn of Pr Amritsar. The secret informer also disclosed the description of the outfit worn by Amritsar. The secret informer also disclosed the description of the outfit worn by Amritsar. The secret informer also disclosed the description of the outfit worn by Amritsar. The secret informer also disclosed the description of the outfit worn by the petitioner at that time. Acting upon the said information, the police party the petitioner at that time. Acting upon the said information, the police party the petitioner at that time. Acting upon the said information, the police party the petitioner at that time. Acting upon the said information, the police party TRIPTI SAINI 2026.03.09 17:49 I attest to the accuracy and integrity of this document CRM-M-73776- -2025 (O&M) -2- d place and apprehended the petitioner. It is alleged conducted a raid at the disclosed place and apprehended the petitioner. It is alleged d place and apprehended the petitioner. It is alleged conducted a raid at the disclose coloured cloth, which the petitioner was that a polythene bag wrapped in a peach-coloured cloth, which the petitioner was coloured cloth, which the petitioner was that a polythene bag wrapped in a peach carrying in his hand, was searched and heroin weighing 650 grams was recovered carrying in his hand, was searched and heroin weighing 650 grams was recovered carrying in his hand, was searched and heroin weighing 650 grams was recovered carrying in his hand, was searched and heroin weighing 650 grams was recovered ry, the present FIR came to be registered. therefrom. On the basis of the said recovery, the present FIR came to be registered. ry, the present FIR came to be registered. therefrom. On the basis of the said recove

3. Learned counsel for the petitioner contends that the petitioner has Learned counsel for the petitioner contends that the petitioner has Learned counsel for the petitioner contends that the petitioner has Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has stantial period of been in custody since 29.03.2024 and has undergone a substantial period of been in custody since 29.03.2024 and has undergone a sub been in custody since 29.03.2024 and has undergone a sub incarceration. Learned counsel further submits that the trial is progressing at a slow incarceration. Learned counsel further submits that the trial is progressing at a slow incarceration. Learned counsel further submits that the trial is progressing at a slow incarceration. Learned counsel further submits that the trial is progressing at a slow pace and out of the total 13 prosecution witnesses cited by the prosecution, only 2 pace and out of the total 13 prosecution witnesses cited by the prosecution, only 2 pace and out of the total 13 prosecution witnesses cited by the prosecution, only 2 pace and out of the total 13 prosecution witnesses cited by the prosecution, only 2 of the trial is witnesses have been examined so far and, therefore, the conclusion of the trial is witnesses have been examined so far and, therefore, the conclusion witnesses have been examined so far and, therefore, the conclusion likely to take considerable time. It is also submitted that the earlier bail petitions likely to take considerable time. It is also submitted that the earlier bail petition likely to take considerable time. It is also submitted that the earlier bail petition likely to take considerable time. It is also submitted that the earlier bail petition bearing CRM-M M-11995 of 2025 and CRM-M was withdrawn on M-39583-2025 was withdrawn on

08.04.2025 and 05.08.2025, respectively and the petitioner is approaching this and 05.08.2025, respectively and the petitioner is approaching this and the petitioner is approaching this gain after a considerable period of custody. Learned counsel argues that the Court again after a considerable period of custody. Learned counsel argues that the gain after a considerable period of custody. Learned counsel argues that the gain after a considerable period of custody. Learned counsel argues that the continued incarceration of the petitioner would serve no useful purpose, continued incarceration of the petitioner would serve no useful purpose, continued incarceration of the petitioner would serve no useful purpose, continued incarceration of the petitioner would serve no useful purpose, particularly when the trial is likely to take long to conclude. particularly when the trial is likely to take long to conclude. particularly when the trial is likely to take long to conclude.

4. Per contra, learned State counsel has Per contra opposed the prayer for bail and , learned State counsel has opposed the prayer for bail and submits that the petitioner is involved in another case under the NDPS Act. submits that the petitioner is involved in another case under the NDPS Act. submits that the petitioner is involved in another case under the NDPS Act. submits that the petitioner is involved in another case under the NDPS Act. However, the custody certificate filed by the State has been taken on record, which However, the custody certificate filed by the State has been taken on record, which However, the custody certificate filed by the State has been taken on record, which However, the custody certificate filed by the State has been taken on record, which indicates that the petitioner has undergone 01 year, 11 months a indicates that the petitioner has nd 07 days in undergone 01 year, 11 months and 07 days in . It is also not disputed that out of the 13 witnesses cited by the prosecution, custody. It is also not disputed that out of the 13 witnesses cited by the prosecution, . It is also not disputed that out of the 13 witnesses cited by the prosecution, . It is also not disputed that out of the 13 witnesses cited by the prosecution, only 2 witnesses have been examined so far. only 2 witnesses have been examined so far.

5. I have heard learned counsel for the parties and have gone through the I have heard learned counsel for the parties and have gone through the I have heard learned counsel for the parties and have gone through the I have heard learned counsel for the parties and have gone through the merits of the case, this Court finds that the record. Without commenting upon the merits of the case, this Court finds that the merits of the case, this Court finds that the record. Without commenting upon the petitioner has been in custody since 29.03.2024. The trial is at an initial stage and petitioner has been in custody since 29.03.2024. The trial is at an initial stage and petitioner has been in custody since 29.03.2024. The trial is at an initial stage and petitioner has been in custody since 29.03.2024. The trial is at an initial stage and TRIPTI SAINI 2026.03.09 17:49 I attest to the accuracy and integrity of this document CRM-M-73776- -2025 (O&M) -3- out of 13 prosecution witnesses, only 2 witnesses have been examined so far. Thus, out of 13 prosecution witnesses, only 2 witnesses have been examined so far. Thus, out of 13 prosecution witnesses, only 2 witnesses have been examined so far. Thus, out of 13 prosecution witnesses, only 2 witnesses have been examined so far. Thus, take considerable time. Continued the conclusion of the trial is likely to take considerable time. Continued take considerable time. Continued the conclusion of the trial is likely to incarceration of the petitioner for an indefinite period, when the trial is not likely to incarceration of the petitioner for an indefinite period, when the trial is not likely to incarceration of the petitioner for an indefinite period, when the trial is not likely to incarceration of the petitioner for an indefinite period, when the trial is not likely to conclude in the near future, would not serve any useful purpose. conclude in the near future, would not serve any useful purpose. conclude in the near future, would not serve any useful purpose.

6. As As As As regards regards regards regards submission of submission of submission of submission of learned State learned State learned State learned State counsel counsel counsel counsel petitioner is involved in oner is involved in another case of similar nature , reference is placed upon the of similar nature, reference is placed upon the Maulana Mohd. Amir Rashadi Vs. State judgment of the Hon'ble Supreme Court in ‘Maulana Mohd. Amir Rashadi Vs. State Maulana Mohd. Amir Rashadi Vs. State judgment of the Hon'ble Supreme Court in ‘