IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMANDEEP KAUR ALIAS AMAN – Appellant
Versus
STATE OF PUNJAB – Respondent
##PAGE1##
CRM-M No.54326 of 2025 -1-
215
THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.54326 of 2025
Date of Decision: 28.01.2026
Amandeep Kaur @ Aman
..... Petitioner
Versus
State of Punjab
..... Respondent
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
***
Present: Mr. Damanjit Singh Sandhu, 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.18, dated 26.02.2025,
under Sections 22/61 of NDPS Act, 1985, registered at Police Station
Ladhowal @ Ladhuwal, District Ludhiana, Punjab.
2. Succinctly, the facts of the case are that on 26.02.2025, the
police party was on patrolling and when they reached near Kaccha way
near village Talwandi Kalan, they saw a lady coming from the side of
railway bridge. On seeing the police, she got perplexed and threw a white
polythene on the ground, which she was holding in her hand. She tried to
escape, however, the police party with the help of lady police official
apprehended her. On asking, she disclosed her name to be Amandeep Kaur
@ Aman (petitioner). She was suspected to be carrying some contraband
in the white polythene thrown by her and thus, search of the same was
RITTU
2026.01.29 10:18
I attest to the accuracy and
integrity of this document
##PAGE2##CRM-M No.54326 of 2025 -2-
conducted. On conducting the search of the polythene bag, 90 intoxicating
tablets of Etizolam were recovered. She failed to produce any licence
regarding the conscious possession of the same, thus, the FIR was
registered and she was arrested on the spot. On registration of the FIR, the
investigation commenced. The samples taken were sent to the FSL. On
completion of the investigation, the challan was presented and on framing
of charges, the trial commenced. The petitioner approached the Court of
learned Judge, Special Court, Ludhiana praying for the grant of regular
bail, however after hearing both the sides and finding no merit in the
same, the learned Judge, Special Court, Ludhiana declined the bail
application filed by the petitioner vide order dated 01.05.2025. Being
aggrieved, the petitioner earlier approached this Court praying for the
grant of regular bail by way of filing CRM-M-34061-2025, however the
same was dismissed as not pressed vide order dated 09.07.2025. Hence
being aggrieved, the petitioner is again 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 submitted that the
petitioner has been falsely implicated in the present case. He has
submitted that the alleged recovery has been effected from the public
place, however no independent witness has been joined. He has submitted
that the petitioner was earlier convicted in FIR No.337, dated 16.08.2018,
under Section 21 of NDPS Act, registered at Police Station Salem Tabri,
however her sentence was suspended vide order dated 27.08.2024. He has
submitted that after her suspension, the present case was planted upon the
petitioner. He has submitted that the petitioner is behind bars since the
date of her arrest, however there is no material progress in the trial. He has
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2026.01.29 10:18
I attest to the accuracy and
integrity of this document
##PAGE3##CRM-M No.54326 of 2025 -3-
submitted that in the facts and circumstances of the case, the petitioner
deserves to be granted bail.
4. Learned counsel for the State has vehemently opposed the
submissions made by learned counsel for the petitioner. He has submitted
that the contraband recovered in the present case weighing 8.28 grams of
Etizolam, which is a commercial quantity and thus, the provisions of
Section 37 NDPS Act are attracted. He has submitted that the petitioner is
convicted in one more case. He, on instructions, has submitted that out of
total 11 prosecution witnesses, no witness has been examined till date. He
has produced custody certificate of the petitioner today in the Court,
which is taken on
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