Baljeet Singh Alias Laddu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-4623-2025 Date of Decision: 04.03.2025 BALJEET SINGH ALIAS LADDU ....Petitioner(s)

VERSUS

STATE OF PUNJAB ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Imaan Singh Khara, Advocate for the petitioner. Mr. Mohit Kapoor, Senior DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

This petition has been filed by the petitioner under Section 483 BNSS, 2023, for grant of regular bail to the petitioner in case FIR No.243 dated 20.08.2022, under Section 22 of NDPS Act 1985, registered at Police Station Sahnewal, District Police Commissionerate Ludhiana, Punjab.

2.

On 31.01.2025, following order was passed:- "By way of this petition filed under Section 483 of Bharaya Nagarik Suraksha Sanhita, 2023 (old Section 439 Cr.P.C.), petitioner prays for grant of regular bail in case FIR No.243 dated 20.08.2022 registered under Section 22 of NDPS Act, 1985 at Police Station Sahnewal, District Police Commissionerate Ludhiana. It is his 3rd petition. The earlier two petitions bearing No. CRMM-13098-2023 and CRM-M-26149-2024 were dismissed as withdrawn on 07.11.2023 and 23.09.2024 respectively vide Annexure P-4 (colly). It is submitted by learned counsel that petiitoner is in custody for the last more than two years. Apart from merit of the case, it is inter alia contended that petitioner is known case of Pulmonary Koch's (TB) and so, requires treatment to save his life.

Although no document have been placed on record to support the illness of the petitioner but it is contended by learned counsel that medical reports of the petitioner are lying in jail which have not been supplied.

Notice of motion.

Mr. Rajesh Sehgal, Addl. AG, Punjab accepts notice on behalf of respondent- State.

Learned State counsel has placed on record the copy of the FSL report which would reveal that average weight of each of the intoxicating tablet of Lomotil was 62 mg. The salt of the tablet was Diphenoxylate Hydrochloride and Atropine Sulphate. The total weight SANGEETA 2025.03.06 11:46 I attest to the accuracy and integrity of this document

CRM-M-4623-2025 works out to be more than 6.1 Kg whereas the threshold for the commercial starts from 50 gms.

Although petitioner does not deserve to be granted bail on account of the heavy quantity of contraband which is more than 120 times the threshold from which the commercial starts but considering the medical condition as alleged by the petitioner, the State is directed to file its reply along with the latest medical reports of the petitioner. Adjourned to 04.03.2025."

Today, in pursuance to the said order, status report dated 03.03.2025 by way of affidavit of Harjinder Singh, PPS, Assistant Commissioner of Police (South), Police Commissionerate Ludhiana, has been filed on behalf of respondent - State, the same is taken on record. In regard to the health condition of the petitioner, para No.5 of the status report is reproduced hereunder:- "That, according to the Medical Report by the Senior Medical Officer, Central Jail Ludhiana dated 25.02.2025, the present petitioner is admitted in isolation ward in Jail Hospital, his condition is stable and getting proper treatment from the Doctors in Jail. The petitioner is provided with a high protein diet, earlier referred to Civil Hospital Ludhiana for medical treatment and will again be referrerd in future if required."

Considering the health status as mentioned in the status report, this Court is not inclined to entertain the plea of releasing the petitioner on bail, otherwise also out of 19 prosecution witnesses, after giving up of 07 prosecution witnesses, 05 prosecution witnesses have been examined. Need not to make a separate observation on the merits of the case because after consideration, plea of bail has already been declined in the previous order dated 31.01.2025.

Accordingly, the present petition stands dismissed. (SANJAY VASHISTH) March 04, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2025.03.06 11:46 I attest to the accuracy and integrity of this document