IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

275 CRM-M-2645-2025 (O&M) Date of decision: 24.01.2025 Sarwan Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Madan Sandhu, Advocate for the petitioner.

Ms. Swati Batra, DAG, Punjab. MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 177 dated 05.08.2019, registered under Section 22 of the NDPS Act, 1985 at Police Station Sultanpur Lodhi, District Kapurthala.

2. Brief facts of the case relevant for the disposal of the present petition are that on 05.08.2019, the petitioner was apprehended by a police party headed by ASI Gurdev Singh and recovery of 255 grams of intoxicant power i.e. Alprazolam was effected from him. He was formally arrested at the spot. He was granted concession of interim bail awaiting the FSL report, vide order dated 07.11.2019, passed by the learned Judge, Special Court, Kapurthala. However, after receipt of the FSL report, which affirmed the weight of the intoxicant powder as 255 grams containing salt of Alprazolam, the interim bail granted to the petitioner was cancelled but he did not surrender. PO proceedings were initiated against him and ultimately, he was declared a proclaimed offender, vide order dated 28.09.2022 and was arrested on 07.10.2022 and since then he is in custody.

3. Learned counsel for the petitioner has argued that he has been falsely implicated in this case. He was not present at the spot disclosed in the FIR and no recovery of contraband was effected from him. Rather, the contraband allegedly recovered from the petitioner was planted upon him. There is nothing on record to connect the petitioner with the subject crime. No independent witness was joined by the police party. The petitioner is in judicial custody since 07.10.2022. The trial is likely to take time. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted benefit of regular bail.

4. Per contra, learned State counsel, on the basis of the custody certificate, has vehemently argued that the petitioner is not entitled to get benefit of bail as a commercial quantity of the contraband was recovered from him. He was nabbed at the spot. His story regarding false implication and plantation of the recovered contraband is concocted one. FSL report has been received, as per which, Alprazolam salt has been found in the recovered intoxicant powder and the total weight of the powder was found to be 255 grams, which falls under commercial quantity. It is further argued that since the recovery of the contraband effected from the petitioner falls under the commercial quantity and he is involved in one more case under the NDPS Act, the rigors of Section 37 of the NDPS Act would be attracted against him and he is not entitled to get benefit of bail. He is involved in one more case under the NDPS Act. Even otherwise, the petitioner has misused the concession of interim bail earlier granted to him and had absconded for a period of about two years. He was ultimately declared as a proclaimed offender and was re-arrested on 07.10.2022. The trial is going on at a proper pace. If released on bail, the petitioner may again abscond or indulge in similar offences. Hence, it is urged that the petition is liable to be dismissed.

5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record.

6. As per the allegations, the petitioner was apprehended by the police party and the recovery of 255 grams of intoxicant powder containing Alprazolam salt was effected from him. As per FSL report, the total weight of the recovered contraband falls within the ambit of commercial quantity. A perusal of the custody certificate of the petitio