Vikramjit Singh @ Vicky v. State Of Punjab

-1231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 23.10.2024 Vikramjit Singh @ Vicky ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. L.M.Gulati, Advocate for the petitioner.

Mr. Amit Rana, Sr. DAG, Punjab.

**** Manjari Nehru Kaul, J.(Oral) 1.

This is the petition filed by the petitioner seeking concession of regular bail in case FIR No.143 dated 10.12.2023 under Sections 21(c), 27-A, 29/61/85 of NDPS Act, 1985 registered at Police Station D Division Amritsar District Amritsar. 2.

Learned counsel for the petitioner submits that the petitioner was allegedly nabbed along with three others on 26.10.2023 while they were all seated together in a Innova car, which was parked outside the railway station. A recovery of one kg of heroin was allegedly affected from co-accused Rashpal Singh, which had been concealed by him in a parna tied to his waist; in addition, recovery of Rs.9 lacs (drug money) was also shown to have been affected from the said vehicle. Learned counsel for the petitioner

-2has asserted that no recovery of any contraband much less heroin was made by the police from the conscious possession of the petitioner, which clearly hints towards his false implication, more so, when he is not involved in any other case under the NDPS Act. A prayer has, therefore, been made to extend the concession of bail to the petitioner since the investigation in the case in hand is complete as challan stands presented.

3.

Per contra, learned State counsel while opposing the prayer made by learned counsel for the petitioner, on instructions, has submitted that a secret information was received by the police regarding the involvement of the petitioner and three others in drug trafficking. Pursuant to the secret information received, the police party, after due compliance of the mandatory provisions of the NDPS Act, nabbed the petitioner along with the co-accused and recovered 1 kg of heroin from the conscious possession of one of the co-accused and another sum of Rs.9 lacs, which was drug money, on the rear side of the vehicle lying next to the petitioner. Learned State counsel has further submitted that challan was presented on 10.04.2024 and charges were framed on 27.08.2024, case is now fixed for prosecution evidence on 03.12.2024 and hence, there is very likelihood that the trial would not take much time to conclude. It has also been submitted that the recovery affected from the petitioner is much higher than the minimum classified as commercial under the NDPS Act.

-34.

I have heard learned counsel for the parties and perused the material placed on record.

5.

The petitioner along with the co-accused, as per the case of the prosecution, was apprehended after due compliance of the mandatory provisions of the NDPS Act, pursuant to a secret information received qua his involvement in drug trafficking. The trial has been proceeding at a reasonably good pace and there is every likelihood that the trial would be concluding in the near future. 6.

In the facts and circumstances as enumerated hereinabove, this Court does not deem it fit to extend the concession of regular bail to the petitioner. Accordingly, the instant petition stands dismissed. 7.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

23.10.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No