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

279 CRM-M-55720-2024 (O&M)

Date of decision: 07.02.2025 Rohit Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. P. S. Dhaliwal, Advocate for the petitioner.

Ms. Sakshi Bakshi, AAG, 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. 315 dated 27.06.2024, registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station City Barnala, District Barnala.

2. Brief facts of the case relevant for the disposal of the present petition are that on 27.06.2024, on the basis of a secret information, the petitioner along with co-accused Vakeel Singh, Gurpyar Singh and Munish Kumar was apprehended by a police party headed by SI Manjit Singh from the cotton market and recovery of total 700 loose intoxicant tablets (Alprazolam) was effected from them. They were formally arrested at the spot. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offence. He had moved an application for grant of regular bail before the learned trial Court but the same had been dismissed, vide order dated 10.10.2024.

3. Learned counsel for the petitioner has argued that he has been falsely implicated in this case. No contraband has been recovered from the petitioner. There is nothing on record to connect the petitioner with the subject crime. Neither the provisions of Section 50 of the NDPS Act were complied with nor any independent witness was joined. In fact, the petitioner is an employee of Municipal Council, Barnala and on 27.06.2024, he had gone to Govt. Hospital for his medical check up, where some anti social elements caught hold of him and published a false news that he was selling intoxicant capsules and the police, by concocting a story, has falsely implicated him in the present case. This fact can be verified from the CCTV footage, which has been placed on record in the form of a CD. It is further argued that investigation has since been completed and challan has been presented. Conclusion of trial is likely to take time. The petitioner is in judicial custody since 27.06.2024. He is not involved in any other case under the NDPS Act. No useful purpose would be served by keeping him in custody anymore as he is no more required for any custodial interrogation. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted benefit of regular bail.

4. Status report has already been filed by the respondent-State. It is submitted therein and learned Assistant Advocate General, Punjab has vehemently opposed the prayer made by the petitioner by arguing that he along with above named co-accused was apprehended by the police party at the spot and recovery of 700 loose intoxicant tablets of Alprazolam was effected from them. The claim of the petitioner regarding his false implication is false and baseless. Proper procedure as prescribed under the law was followed during the course of investigation. Since commercial quantity of the contraband has been recovered from the petitioner and co-accused, the rigors of Section 37 of the NDPS Act would be attracted against him. The trial may be expedited. If released on bail, the petitioner may 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 along with above named co- accused was apprehended by the police party on 27.06.2024 and recovery of 700 loose intoxicant tablets of Alprazolam was effe