IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

223 CRM-M-7836-2025 Date of decision: 03.11.2025 Karan Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present : Mr. Abhaysher Singh, Advocate for the petitioner.

Mr. Gautam Thapar, Sr. DAG, Punjab.

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AARADHNA SAWHNEY, J.(ORAL)

1. By virtue of the present petition under Section 483 BNSS, petitioner, an accused in case bearing FIR No. 50 dated 22.04.2023 registered against him, for commission of offences punishable under Sections 22/29 of Narcotic Drugs and Psychotropic Substances, Act 1985 (Section 25 of NDPS Act added later on) at Police Station Khuian Sarwar, District Fazilka, has prayed for grant of bail.

2. In brief, the case set up against petitioner is that one Sukhchain Singh and Lovepreet Singh were caught red handed while keeping in their illegal possession 88000 intoxicant tablets (Commercial Quantity). Documents on record further reveal that the aforesaid 2 persons were arrested, when a nakka was laid on the basis of secret information received by police team headed by ASI Rattan Lal. After the statutory formalities were complied with, FIR was lodged. During the course of interrogation, both the aforesaid accused, disclosed the name of present petitioner and one Sanjay (not yet arrested), who was stated to be a supplier. Thereafter, the present petitioner was arrested on 02.08.2023.

On culmination of investigation, challan was prepared and filed in the Court on 17.10.2023.

3. Petitioner/accused who was arrested on 02.08.2023 moved an application for grant of bail before the learned Additional Sessions Judge, Fazilka. The same was dismissed vide order dated 14.11.2023. The first bail application of the petitioner filed before this Court was dismissed as withdrawn, vide order dated 11.11.2024.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated, he was neither found at the spot, nor any recovery was effected from him. He (petitioner) was nominated as an accused only on the basis of disclosure statement made by the co-accused Sukhchain Singh and Lovepreet Singh. This disclosure statement is not admissible in evidence, being confessional in nature made before the police authorities, in view of Section 25 of the Indian Evidence Act. Further the falsity of the case set up by the prosecution is apparent from the fact that despite the alleged recovery of contraband was effected from busy public place but no efforts were made to join any independent person as a witness to the case proceedings. Learned counsel also referred to the judgment dated 06.09.2024 of the Coordinate Bench in CRM-M-42916-2024 vide which the present petitioner was granted the concession of bail in a similar case of the like nature.

Continuing further learned counsel submits that investigations in the present case were completed long ago. Challan was filed on 17.10.2023, but till date out of 21 witnesses, only 1 has been examined (4 have been given up), thus the possibility of completion of trial in the near future is quite remote. In view of the above submissions raised, it has been prayed that further incarceration of the petitioner in custody, would not serve any useful purpose and would also be violative of his fundamental rights guaranteed under Article 21 of the Constitution of India. It has thus been prayed to take lenient view in petitioner’s favour, who has been in custody since 02.08.2023 by extending him the concession of bail. Prayer for allowing the petition has been made.

5. Copy of status report dated 10.11.2024 by way of affidavit of Mr. Sukhwinder Singh Brar, PPS, Deputy Superintendent of Police, Sub- Division Abohar, District Fazilka has been placed on record. Learned State counsel has opposed the request for grant of bail on the ground that contraband recovered from the petitioner is ‘Commercial Quantity’. In view of the quantity of the contraband recovered from the petitioner and co- accused arrested