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High Court of Punjab and HaryanaCRM-M/40823/2025allowed

Sukhdev Singh Alias Laddu v. State Of Punjab

2025-08-05Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 05.08.2025 Sukhdev Singh @ Laddu . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ketan Chopra, Advocate for the petitioner(s).

Mr. Jasdeep Singh, Addl. AG, Punjab.

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

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Sukhdev Singh @ Laddu 13.03.2025 15, 25, 29 of NDPS Act, Meharban Ludhiana 2.

In the present case, there is recovery of 55Kg of 'poppy-husk' from petitioner - Sukhdev Singh @ Laddu, aged 35 years, from the cabin of the truck driven by the petitioner.

3.

Learned counsel for the petitioner contends that only 5 grams of the poppy-husk is more than the maximum of the 'non-commercial' quantity. Petitioner is not involved in any other case and thus, he has been falsely implicated in the case in hand. It is further submitted that after completion of investigation, challan has already been filed before the trial Court, but the process of recording prosecution evidence has not commenced.

- 2 - In view of the above, learned counsel prays for the grant of regular bail to the petitioner.

4.

On the other hand, learned State counsel, while vehemently opposing the prayer for bail to the petitioner, submits that the offence is serious in nature and thus, he does not deserve the concession of regular bail. However, learned State counsel does not dispute the other factual aspects of the case and submits that after completion of investigation, challan has been submitted and even charges have also been framed, but process of recording of statements of the prosecution witnesses, is yet to start. 5.

Heard.

6.

Petitioner is stated to be inside jail since 13.03.2025, thus, he has suffered incarceration for a period of about 04 months and 18 days. Besides, it is also noticeable that petitioner is aged about 35 years and never found involved indulged in any other similar activity and that the investigation has already been completed. Besides, the recovery of contraband is marginally above the maximum of 'non-commercial' quantity. This Court is of the view that, keeping in view all the parameters, the prayer for bail deserves consideration, giving the petitioner one more opportunity to reform and rehabilitate himself in society.

7.

Therefore, considering the totality of circumstances, and the nature allegations leveled against the petitioner, and the factors noted hereabove, I deem it appropriate to grant the concession of bail to the petitioner 8.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

- 3 - 9.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

10.

The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record. 11.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

12.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE August 05, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No