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High Court of Punjab and HaryanaCRM-M/45401/2025allowed

Abdul Rehman And Another v. State Of Punjab

2025-08-26Mr. Justice Subhas Mehla2 pages

CRM-M-45401-2025 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-45401-2025 Date of Decision : 26.08.2025 ABDUL REHMAN AND ANOTHER .... PETITIONERS V/S STATE OF PUNJAB .... RESPONDENT CORAM:HON'BLE MR. JUSTICE SUBHAS MEHLA Present :

Mr.Parveen Chauhan, Advocate for the petitioners.

**** SUBHAS MEHLA, J. (Oral) 1.

The petitioners are seeking regular bail in FIR No.191 dated 27.06.2025, under Sections 21(b), 29 & 27-A of NDPS Act, 1985 registered at Police Station Islamabad, District Amritsar. 2.

Learned counsel for the petitioners contended that the petitioners have been falsely implicated in the present case and nothing has been recovered from them. It is further submitted that the amount allegedly recovered is not the drug money but the sale consideration of his property which is sold in Karnatka vide sale deed annexed as Annexure P-2 with the paper book. The present petitioners are in custody since 02.07.2025. It is also submitted that the contraband recovered from the co-accused falls within the category of intermediate quantity. Accordingly, prayer has been made for grant of bail to the petitioners.

3.

Notice of motion.

4.

Mr. Sandeep Kumar, DAG, Punjab, accepted the notice on behalf of the respondent-State and contended that the petitioners are the Anju Goel 2025.08.28 13:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-45401-2025 -2members of interstate syndicate and drug money amounting to Rs.2,15,000/- has been recovered from their possession. It is fairly admitted that as per custody certificate, there is no other case, except the present one, pending against the petitioners.

5.

Heard.

6.

Keeping in view the facts and circumstances of the present case and the fact that nothing has been recovered from the present petitioners who have been implicated only on the basis of disclosure statement of the co-accused; the fact that whether alleged money i.e. Rs.2,15,000/- is drug money or the money of sale consideration of property sold by them is a moot question to be adjudicated at the time of trial on receiving the evidence of both the parties; the petitioners, who are in custody since 02.07.2025, have already been remanded to judicial custody and are not required for any custodial interrogation, this Court deems it a fit case to grant the concession of regular bail to the petitioners.

7.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioners are ordered to be released on regular bail on their furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 26.08. 2025 (SUBHAS MEHLA) Anju JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Anju Goel 2025.08.28 13:57 I attest to the accuracy and integrity of this document Chandigarh