IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

210 Date of decision: 04.09.2025 GULZAR SINGH ......Petitioner VERSUS STATE OF PUNJAB .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Ms. Radhika, Legal Aid Counsel for the petitioner.

Mr. Mohit Kapoor, Senior DAG, Punjab.

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VINOD S. BHARDWAJ, J. (Oral)

CRM-34615-2025 Application is allowed as prayed for.

CRM-M-48370-2025 The instant petition has been filed under Section 483 B.N.S.S read with Section 528 B.N.S.S., 2023 for seeking concession of regular bail in case bearing FIR No. 219 dated 10.11.2022 registered under Sections 22 of the NDPS Act, 1985 (Section 21 of the NDPS Act added later on) at Police Station Mahilpur, District Hoshiarpur.

2. As per prosecution version 1020 loose intoxicant tablets were recovered from conscious possession of the accused by the police party headed by SI Harpreet Singh on 10-11-2022 when they were on checking and patrolling duty. The accused on seeing the police party threw the polythene bag in his hand and tried to escape. He was apprehended by the Sub Inspector with the help of associate officials and polythene of 1020 intoxicant tablets was recovered. The report of FSL has already been received in this case and as per the report of FSL, the contents of the sample is Alprazpolam and the average weight of tablets recovered is 215mg per tablets. In this way the total weight of alleged recovery is 2020 grams, which is commercial quantity.

3. Learned Counsel appearing on behalf of the petitioner contends that the petitioner has already undergone an actual custody of more than 02 years 09 months, but the trial has not made much head way. She thus contends that taking into the consideration the period of custody, the petitioner be granted concession of regular bail in the aforesaid FIR.

4. Learned State Counsel on the other hand contends that commercial quantity of contraband has been recovered from the conscious possession of the petitioner. The charge in the present case was framed on 24.05.2023 and thereafter the evidence has been substantially led. Only two witnesses remain to be examined. The case has been fixed for recording of prosecution evidence on 24.09.2025. He further submits that the petitioner is an accused in another case bearing FIR No. 71 dated 22.09.2019 under Section 22 of the NDPS Act at Police Station City, Phagwara wherein concession of bail has not yet been extended to him while one FIR No. 215 dated 06.11.2022 was registered against the petitioner for offences under Section 380, 511, 411 IPC wherein he was acquitted by the Judicial Magistrate, First Class, vide judgment dated 19.07.2023.

5. I have heard learned Counsel appearing on behalf of the respective parties and have gone through the documents appended with the instant petition.

6. Taking into consideration the fact that the prosecution evidence is about to conclude, and the trial is at its fag end, I do not deem it a appropriate case to grant the concession of regular bail at this stage.

The present petition is accordingly dismissed at this stage.

(VINOD S. BHARDWAJ)

SEPTEMBER 04, 2025 JUDGE

Vishal Sharma

Whether speaking/reasoned : Yes/No

Whether Reportable : Yes/No