Ganesh Paswan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 217-2 CRM-M-36147-2025 (O&M) Date of decision: 18.08.2025 GANESH PASWAN ... Petitioner

Versus

STATE OF PUNJAB .. Respondent CORAM : HON'BLE MR. JUSTICE H.S. GREWAL
 Mr. Kanwaljeet Singh, Advocate for the petitioner.

*** H.S. Grewal, J. (Oral)
  The present petition has been filed under Section 483 of Bharatiya -1Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail in FIR No.145 dated 19.07.2023 under Sections 15, 25 of NDPS Act (Section 29 of NDPS Act, 1985 added subsequently) registered at Police Station City Jagraon, District Ludhiana Rural.

2.

The case of the prosecution is that on the basis of a secret information, the petitioner alongwith his co-accused namely Rinku who was riding the Activa, was apprehended with 110 kgs of poppy husk and the petitioner was a pillion rider on the said Scooter. 3.

Learned counsel for the petitioner contends that the petitioner has undergone a custody period of more than 02 years and out of 14 prosecution witnesses, none has been examined so far.

4.

Notice of motion.

5.

Mr. Amit Rana, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State.

6.

Learned counsel for the State vehemently opposes the grant of Sonia Puri 2025.08.20 10:42 I attest to the accuracy and integrity of this document

concession of regular bail and does not refute the fact that the petitioner has -2undergone a custody period of 02 years and 26 days and out of 14 prosecution witnesses, none has been examined so far. Moreover, 06 witnesses have been given up by the prosecution.

7.

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

8.

Keeping in view the above and the fact that as of date, the custody period undergone by the petitioner is 02 years and 26 days; out of 14 prosecution witnesses, none have been examined so far. Since the conclusion of the trial is likely to take a long time, further incarceration of the petitioner would not serve the ends of justice, therefore this Court deems it fit to grant the concession of regular bail to the petitioner. 9.

Hence, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is granted concession of regular bail in the present case, on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/ Chief Judicial Magistrate concerned. The pending applications, if any, also stand disposed of. 10.

It is however, made clear that in case during his bail, if the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner. 11.

Pending applications, if any, also stand disposed of. 18th August, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Sonia Puri 2025.08.20 10:42 I attest to the accuracy and integrity of this document