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

297 CRM-M-51673-2024 (O&M)

Date of decision: 13.02.2025 Kamaljit Singh @ Kamal ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. R. S. Rai, Senior Advocate with Mr. Sahil Goel, Advocate and Mr. Amit Bokan, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 439 of Cr.P.C., is for grant of regular bail to the petitioner in FIR No. 084 dated 14.08.2017, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Mehtiana, District Hoshiarpur.

2. Brief facts of the case relevant for the disposal of the present petition are that on 14.8.2017, the petitioner along with co-accused Kuldeep Singh, while coming on a motorcycle, was apprehended by a police party headed by Inspector Sarabjit Singh. On their search, 112 grams intoxicant powder (Alprazolam) was recovered from the present petitioner, whereas on search of Kuldeep Singh, recovery of 90 grams of intoxicant powder (Alprazolam) was effected. Both of them were formally arrested at the spot.

The petitioner was granted concession of interim bail but he did not appear before the Court at the time of filing of challan on 07.09.2018. He continued to remain absent from the Court proceedings and ultimately was declared a proclaimed offender. Thereafter, he surrendered before the Court on 08.07.2024 and since then, he is in judicial custody. He had moved an application for grant of regular bail before the learned trial Court but the same had been dismissed, vide order dated 03.09.2024.

3. Learned senior counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He was not aware of presentation of challan, so he could not appear before the learned trial Court and due to non-communication with his counsel, he could not appear before the Court even subsequently. However, on coming to know the fact that he had been declared a proclaimed offender, he had surrendered back before the Court on 08.07.2024 and is in judicial custody since then. It is further argued that the mandatory provisions as prescribed under law were not complied with during investigation. Even otherwise, on the same set of allegations, co- accused Kuldeep Singh, who faced full length trial, has been acquitted by the learned trial Court, vide judgment dated 04.03.2024. There is strong likelihood that the petitioner shall also be acquitted of the charges framed against him. The trial is likely to take time. 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 argued that the petitioner was apprehended by the police party at the spot and recovery of 112 grams of intoxicant powder of Alprazolam was effected from him. Since the quantity of the contraband recovered from the petitioner falls under commercial quantity, the rigors of Section 37 of the NDPS Act would be attracted against him. His story regarding false implication is concocted one. 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 aforesaid co-accused was apprehended by the police party on 14.08.2017 and recovery of 112 grams of intoxicant powder of Alprazolam was effected from the petitioner, whereas recovery of 90 grams of intoxican