IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

243 CRM-M-71377-2025(O&M) Date of decision: 10.02.2026 Rakesh Kumar Keshav @ Keshi ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present : Ms. Riffi Birla, Advocate for the petitioner.

Mr. Jatin Kundu, AAG, Punjab.

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AARADHNA SAWHNEY, J.(ORAL)

1. This is the fifth petition under Section 483 BNSS filed by petitioner, an accused in case bearing FIR No. 301 dated 19.12.2022 registered against him, for commission of offences punishable u/s 21(C), 61, 85 of Narcotic Drugs and Psychotropic Substances, Act 1985 at Police Station City Sri Muktsar Sahib, District Sri Muktsar Sahib, for grant of bail.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

On 19.12.2022 based on a chance recovery, Police team headed by ASI Baldev Singh seized 900 intoxicant tablets, total weighing 372.69 grams of Tramadol (contraband falls within ‘Commercial’ Quantity) from the seat of unnumbered Alto Car being driven by Rakesh Kumar Keshav @ Keshi (present petitioner). On seeing the police party, though, petitioner was successful in running away. After the car and contraband were taken into possession statutory formalities were complied with, FIR was lodged. Thereafter, petitioner was arrested on

19.12.2022.

On culmination of investigation, challan was prepared and filed in the Court on 24.02.2023.

3. Petitioner/accused who was arrested on 19.12.2022 moved an application for grant of bail before the learned Additional Sessions Judge, Sri Muktsar Sahib. The same was dismissed vide order dated 31.01.2023. The first four bail petitions filed by petitioner before this Court was dismissed as withdrawn vide orders dated 24.07.2023, 02.04.2024, 18.03.2025 and 30.07.2025.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. No recovery has been effected from his person. 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 by IO to join any independent person as a ‘witness’ to the case proceedings. Moreover, petitioner is not the registered owner of the vehicle from which the contraband was allegedly recovered Learned counsel fairly admits that this is the fifth petition for grant of bail filed by petitioner, but adds that none of the earlier petitions were disposed of on merits. It is further the submission of learned counsel that since the withdrawal of the last petition on 30.07.2025, only one PW has been examined, evidently trial is proceeding at a snail’s pace. Learned counsel has also referred to the copies of interim orders passed by the learned Additional Sessions Judge, Sri Muktsar Sahib in support of her submissions that the likelihood of completion of trial in the near future is quite remote. Hence, submits that in the light of factual scenario of the case, the submissions advanced hereinabove further incarceration of 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.

Towards the end, learned counsel contends that petitioner, who has been in custody since 19.12.2022 deserves a lenient view to be taken in his favour by extending him the concession of bail. Prayer for allowing the petition has been made.

5. Status report by way of affidavit of Mr. Bachan Singh, PPS, Deputy Superintendent of Police, Sri Muktsar Sahib has been filed. 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, as per learned State counsel the rigors of Section 37 of NDPS Act are attracted which bar the grant of bail, unless the twin conditions prescribed in the provision are satisfied.