Amna Khatoon v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 14.11.2024 AMNA KHATOON ....Petitioner V/s STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Gagandeep Singh Simble, Advocate, for the petitioner. Mr. Mohit Kapoor, Sr. DAG, Punjab.

***** MANJARI NEHRU KAUL, J. (ORAL) 1.

Prayer in the instant petition filed under Section 439 of the Cr.P.C. is for granting the concession of regular bail to the petitioner in case FIR No.62 dated 18.03.2003 under Section 20 of the NDPS Act, registered at Police Station Samrala, Police District Khanna, District Ludhiana.

2.

Status report by way of affidavit of Sh.Tarlochan Singh, PPS Deputy Superintendent of Police, Samrala, Police District Khanna, District Ludhiana, has been filed by the learned State counsel on behalf of respondent-State in Court today. The same is taken on record subject to all just exceptions. A copy thereof has been furnished to learned counsel for the petitioner.

3.

Learned counsel for the petitioner submits that the petitioner has been in custody since 18.03.2023, and that the trial is likely to take a

-2considerable amount of time to conclude. While drawing the attention of this Court to the allegations levelled in the FIR annexed as Annexure P-1, it has been asserted that the allegations against the petitioner are entirely false and baseless; allegedly a recovery of 23 Kgs. of Ganja (commercial quantity) was made while the petitioner along with his two co-accused was reportedly walking along a road. It has been submitted by the learned counsel that the version put- forth by the prosecution is highly implausible, as it cannot be digested that the petitioner and the co accused would have been carrying the contraband in a plastic bag on their heads along a busy road. Furthermore, learned counsel has argued that no independent witness was joined by the police at the time of the search which further pointed to the false implication of the petitioner in the FIR in question. 4.

Learned State counsel, at the outset, submits that the trial is nearing conclusion as only six prosecution witnesses remain to be examined out of the 30 cited. It has been further submitted that the next date fixed before the trial Court is 12.12.2024 when the remaining witnesses would be positively examined.

5.

Since the trial is nearing conclusion, no ground is made out to grant bail to the petitioner who was nabbed with 23 Kgs. of Ganja, which is classified as commercial quantity.

6.

Accordingly, the instant petition is hereby dismissed. 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.

-37.

At this stage, learned counsel for the petitioner has made a request for expeditious disposal of the trial.

8.

The trial Court shall make an earnest effort to conclude the trial as early as possible preferably within a period of four months from the date of receipt of certified copy of this order.

(MANJARI NEHRU KAUL) JUDGE November 14, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No