Ramandeep Singh @ Gaggu v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 27.08.2025 Ramandeep Singh @ Gaggu . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Charanpreet Singh, Advocate, for the petitioner(s). Mr. Bareen Pratap Singh, AAG, 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 06.05.2024 22, 29 of NDPS Act, 1985 Mahilpur Hoshiarpur Ramandeep Singh @ Gaggu 2.

Learned counsel for the petitioner submits that there is recovery of 21 grams of Etizolam powder, and till the receipt of the FSL report, the petitioner was granted the concession of interim bail by the trial Court vide order dated 19.07.2024 (Annexure P-3). On receipt of the chemical report, petitioner, without taking any undue advantage of the interim bail, joined the process of law and presently, he is inside jail. It is argued that the petitioner is a law-abiding citizen, aged about 27 years, who has never been involved in any other case of similar nature under the NDPS Act. Even the interim bail granted earlier was never misused, as there is no such allegation against

- 2 - him.

3.

Learned counsel further submits that after completion of investigation, challan has already been presented, but the trial is progressing at a slow pace, inasmuch as out of 12 prosecution witnesses, only 3 have been examined so far. The petitioner has already undergone custody for about 01 year, 01 month and 14 days, since the date of registration of FIR. Besides, it is also emphasized that the petitioner has no past criminal record under the NDPS Act.

4.

Per contra, learned State counsel, while opposing the prayer, submits that though the recovery falls within the category of 'intermediate quantity', having regard to the nature and gravity of the allegations, the petitioner does not deserve any concession of regular bail. However, he fairly does not dispute the factual assertions made by learned counsel for the petitioner.

5.

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

6.

Taking note of the circumstances and facts noticed above, particularly that the recovery attributed to the petitioner is of 21 grams of Etizolam powder, which falls within the category of intermediate quantity, and that he has remained in custody for more than 01 year, 01 month and 14 days, without any allegation of misuse of the interim bail earlier granted to him, coupled with the fact that challan already stands presented but the trial is progressing at a slow pace as only 03 out of 12 prosecution witnesses have been examined till now, this Court is of the view that liberty of the petitioner cannot be curtailed for indefinite period. Therefore, it would be appropriate

- 3 - to consider the plea of bail of 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.

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 27, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No