Karan Kumar v. State Of Punjab
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 07.07.2025 Karan Kumar
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE
Present :
Mr. Rajat Dogra, Advocate, for the petitioner. Mr. Amandeep Singh Samra, AAG, Punjab.
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, J. (Oral) 1.
The petitioner is seeking regular bail under Section 483 B.N.S.S. in case FIR No.189 dated 06.12.2024, under Sections 21(C) & 29 of NDPS Act, 1985, registered at Police Station Special Task Force, District STF Wing (SAS Nagar Mohali).
2.
The allegations against the petitioner are that 515 Grams of heroin was recovered from co-accused namely Lovepreet Singh. Although the petitioner was named in the FIR but no recovery has been effected from him.
3.
Learned counsel for the petitioner submits that in the FIR, it is stated that a secret information was received that Loverpreet Singh and Karan Kumar are indulged in the business of selling intoxicants. Although the petitioner was arrested from the spot but no recovery was effected from him. It is not disputed that there was no recovery from the petitioner and the recovery was effected from the pocket of co-accused. At this stage, it is stated that the petitioner was not in conscious possession of the contraband.
Moreover, petitioner is not involved in any other case under NDPS Act. As per custody certificate, he has undergone 6 months and 26 days custody. Charges are yet to be framed in this case, trial is likely to take time for its own conclusion and continuous detention of the petitioner would not serve the ends of justice, therefore, petitioner be released on regular bail 4.
Notice of motion.
5.
Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per custody certificate dated 05.07.2025, the petitioner is in custody for 06 months & 26 days.
6.
I have heard the learned counsel for the parties and perused the record.
7.
In view of the above submission of learned counsel and considering the custody period undergone by the petitioner, trial is likely to take such a long time and as such, the continuous detention of the petitioner would not serve the ends of justice. Keeping in view the facts and circumstances of the present case, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 8.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is hereby ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
9.
However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail.
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07.07.2025 anil Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No