217 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.25911 of 2025 Date of Decision: 16.05.2025 Manjit Singh @ Doctor @ Chigal @ Manjeet Chigal ..... Petitioner Versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Harish Bhatti, Advocate for the petitioner.

Mr. Raj Karan Singh, Asstt. A.G., Punjab.

***

RAJESH BHARDWAJ, J. (ORAL)

1. Present second petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.47, dated 14.09.2023, under Section 22 of NDPS Act and final report was submitted under Sections 22, 29, 61 & 85 of NDPS Act, later on charges were framed under Sections 22 & 29 of NDPS Act, registered at Police Station City Kurali, District SAS Nagar (Mohali) (Annexure P-1).

2. Succinctly the facts of the case are that on 14.09.2023, the police party was on patrolling. Drug Inspector Anurag was on his way to the medical store in area of Police Station City Kurali, near Bains Medical Store Office Municipal Committee, Kurali. During the checking, a large amount of expired medicines were found in the medical store. 340 tablets of Tramadol Hydrochloride 100 MG with expiry date of the year 2025 were also recovered. Medical store owner was found to be violating the terms and conditions of the licence by keeping expired medicines and 340 Tramadol Hydrochloride tablets. Thus the FIR was registered against the accused, Malkeet Singh and the investigation commenced. During the investigation, disclosure statement of Malkeet Singh was recorded wherein he disclosed that he purchased the contraband from Manjit Singh @ Doctor @ Chigal @ Manjeet Chigal (petitioner) and other persons. Thus the petitioner was also arrayed as an accused and he was arrested on 17.09.2023. During the investigation, the petitioner disclosed about the drugs which he has kept in his rented room. The Investigating Agencies raided the premises as disclosed by the petitioner and recovered 990 tablets of Alprazolam from his premises. The petitioner failed to produce any licence regarding the conscious possession of the same and thus he was prosecuted in the present FIR. The petitioner approached the Court of learned Judge, Special Court, SAS Nagar (Mohali) praying for the grant of bail. However after hearing both the sides finding no merit in the same, the learned Judge, Special Court, SAS Nagar (Mohali) declined the same vide his order dated 28.05.2024. Being aggrieved, the petitioner had earlier approached this Court by way of filing CRM-M-60120-2024 praying for the grant of bail, however the same was allowed to be dismissed as withdrawn vide order dated 05.12.2024. Hence being aggrieved the petitioner is before this Court by way of filing the present second petition praying for the grant of regular bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely and frivolously implicated in the present case. He has submitted that the petitioner has been arrayed as an accused in the present case on the basis of disclosure statement of co- accused, Malkit Singh. He has submitted that the alleged recovery of 990 tablets of Alprazolam was planted upon the petitioner, which are said to have been recovered from the room taken on rent by the petitioner. He has submitted that as per the FSL report, the alleged contraband weighs 103.95 grams, however the quantity above 100 grams is commercial in nature and thus, the recovery effected is marginally above the commercial quantity. He has submitted that in all there are 03 accused in this case, however one of the accused has been granted bail. He has thus submitted that the petitioner is implicated on the basis of disclosure statement. He has submitted that the investigation is complete and the charges have been framed, however there is no substantial progress in the trial. He has submitted that in the facts and circumstances, the petitioner deserves to be granted bail.

4. Per contra, learned