IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 28.01.2025 BHINDER SINGH ...PETITIONER Versus STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. B.S. Bhalla, Advocate for the petitioner(s).

Mr. Jaspal Singh Guru, AAG, Punjab.

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SANDEEP MOUDGIL, J (ORAL)

1. Relief Sought This petition has been filed under Section 439 Cr.P.C.

seeking the concession of regular bail for the petitioner in FIR No.25 dated 19.02.2024, under Section 22 of The Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Kot Iss Khan, District Moga.

2. Prosecution story set up in the present case as per the version in the FIR reads as under :-

‘Station House Officer, P.S. Kot Ise Khan. Fateh. Today I ASI alongwith HC Lakhvir Singh 1161, Moga. SC Gagandeep Singh 1244/М, СТ Jaspreet Singh 548/M were going in a government vehicle TATA Sumo PB 130 6823 on Patrolling duty via village Balkhandi, Handiyala, Singhpura, Kot Ise Khan to Zira Road and were present near Bus stand Singhpura when the informer came and informed that Gurpreet Singh @Gopi son of Bhola singh and Bhinder Singh @Kulla son of Ranjit Singh @Mukha resident of Randiyala are drug Addict and sell the drug and for that they even do snatching. Today they are sitting in the cremation ground outside the village Talwandi on Kot Ise Khan and they can be apprehended alongwith the heavy quantity of intoxicant Tablets. The information is reliableand act of the aforesaid accused falls under Section 22/61/85 of NDPS Act. Ruqa against Gurpreet Singh @Gopi and Bhinder Singh @Kulla is being sent through CT Jaspreet Singh 598/M to police station. I being ASI of local rank cannot investigate under NDPS Act therefore regular NGO be sent. PCR be informed and special report be issued. Sd/-Buta Singh ASI."

3. Contentions On behalf of the petitioner Learned counsel for the petitioner has submitted that as per the prosecution, 20 loose intoxicants tablets were recovered from the possession of petitioner whereas as per the report of FSL, 20 loose tablets alleged to have been recovered from possession of the petitioner were found to be that of Etizolam and each tablet had average weight of 132 MG and the total weight were found to be 2.64 grams, whereas the commercial quantity starts from 2.5 grams which is marginally high from the commercial quantity. He has argued that the alleged recovery has been planted upon the petitioner and nothing has been recovered from him. He further submits that in the present case, investigation is complete as challan stands presented on 28.05.2024 charges stands framed on 12.08.2024 out of 13 prosecution witnesses, only 3 PWs have been examined so far which means conclusion of trial is likely to take considerable time, therefore, prays for grant of regular bail to the petitioner.

On behalf of the State On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner is behind bars for 11 months and 5 days Learned State Counsel on instructions from the Investigating Officer opposes the prayer for grant of regular bail stating that the petitioner is a habitual offender as he is involved in one more FIR but is not in a position to controvert the submissions made by learned counsel for the petitioner.

4. Analysis Be that as it may, from the above discussion, it can be culled out that the petitioner has already suffered sufficient incarceration i.e. 11 months and 5 days, no further recovery is to be made from the petitioner, and as per the principle of the criminal jurisprudence, no one should be considered guilty, till the guilt is proved beyond reasonable doubt, whereas in the instant case, challan stands presented on 28.05.2024 charges stands framed on 12.08.2024 out of 13 prosecution witnesses, only 3 PWs have been examined so far which is sufficient for this Co