113+215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40741-2025 Date of Decision: 11.12.2025 SHIV KUMAR ......... Petitioner Versus STATE OF PUNJAB ..... Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. L.S. Sekhon, Advocate with Mr. G.S. Dhillon, Advocate and Mr. Gurkirat Singh, Advocate for the petitioner.

Mr. Jatinder Pal Singh, Sr. DAG, Punjab.

****

YASHVIR SINGH RATHOR , J. (Oral)

CRM-44440-2025 The applicant-petitioner through instant application under Section 151 CPC is seeking permission to place on record Annexure P-1.

Allowed as prayed for.

Annexure P-1 is taken on record, subject to all just exceptions. Registry is directed to tag the same at an appropriate place.

CRM-M-40741-2025

1. Present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of regular bail to the petitioner in case FIR No.162 dated 10.08.2023, under Section 22 and 29 of NDPS Act, 1985 registered at Police Station City Phagwara, District Kapurthala.

2. Status report by way of an affidavit dated 18.10.2025 of Bharat Bhushan, PPS, Deputy Superintendent of Police, Sub Division Phagwara, Kapurthala filed on behalf of the respondent-State is taken on record. Registry is directed to tag the same at an appropriate place.

3. Brief facts of the prosecution case are that on 10.08.2023, SI Baljinder Singh was on patrolling duty alongwith other police officials near Basra Place Chowk when Shiv Kumar (petitioner) and co-accused Sanjeev Kapur @ Sanjeev Kumar were allegedly apprehended on the basis of suspicion while they were found standing holding plastic polythene bags in their hands and on seeing the police party, they threw away their polythene bags and tried to flee. Upon search, from the first polythene bag thrown away by petitioner, 1150 intoxicant tablets of Maroon colour bearing making of PYN-SPAS Plus (627.9 grams Tramadol Hydrochloride) were allegedly recovered and from the polythene thrown away by co-accused Sanjeev Kumar @ Sanjeev Kumar, 550 loose intoxicant tablets (67.650 grams Alprazolam) were allegedly recovered. The contraband was taken into possession. Petitioner was arrested and after completion of investigation, challan has been presented against the accused for trial.

4. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

5. Learned counsel for the petitioner contended that the petitioner has been falsely implicated. Learned counsel next contended that the petitioner was earlier released on interim bail and is now in custody since 26.11.2024 and after completion of investigation, challan has been presented. However, the case is still at the stage of prosecution evidence and trial has not been concluded and conclusion of the trial is likely to take a long time. Learned counsel further contended that in view of his long incarceration, petitioner is entitled to be released on bail, as prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and the conditional liberty must override the statutory embargo created under Section 37 of the NDPS Act. In support of his contention, learned counsel for the petitioner has relied upon judgments passed in CRM-M-21794 of 2023 – Sandeep Singh v. State of Punjab decided on 05.05.2023, CRR- 1785 of 2018 (O&M)- Vicky Kaur v. State of Punjab, decided on 13.08.2018, CRM-M-14029 of 2018 Kamlesh v. State of Punjab decided on 06.05.2015, CRM-M-17321 of 2025 Jassu Ram @ Jasuram v. State of Punjab, decided on 04.04.2025 and a judgment of Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. (s).12788/2023 – Nandalal Mondal @ Abhay Mondal v. The State of West Bengal, judgment of Hon’ble Supreme Court passed in Criminal Appeal No.4883/2025 - Santosh Pawar Vs. State of Chhattisgarh & Anr. decided on 14.11.2025 and (2022) 10 SCC 52, Satender Kumar Antil Vs. Central Bureau of Investigation

6. On the o