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2025 Supreme(Online)(P&H) 26221

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

RITTU

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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