Vijay Kumar @ Tinku v. State Of Punjab

CRM-M-47258-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.136 CRM-M-47258-2025 (O&M) Date of Decision: 27.08.2025 VIJAY KUMAR @ TINKU ....Petitioner

Versus

STATE OF PUNJAB .....Respondent CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA Present:- Mr. Kanwaljeet Singh, Advocate for the petitioner. Mr. Subhash Godara, Addl. A.G. Punjab.

***** SUBHAS MEHLA, J. (Oral) By way of this petition filed under Section 528 BNSS, prayer is made to quash impugned order dated 17.04.2025 (Annexure P-5) passed in a case bearing No.NDPS/234/2022 arising out of FIR No.159 dated 30.07.2021 registered at Police Station Samrala, District Khanna, Ludhiana under Section 15 of NDPS Act, 1985, whereby bail of the petitioner was cancelled and warrants of arrest has been directed to be issued against him. 2.

Learned counsel for the petitioner contends that petitioner was regularly appearing and due to ill-health, absented himself from trial on 17.04.2025, due to which his bail was cancelled and warrants of arrest were directed to be issued. Learned counsel also contends that petitioner is now ready to surrender within reasonable time and he be provided necessary protection.

3.

Notice of motion.

4.

Mr. Subhash Godara, Addl. A.G., Punjab accepts notice on behalf of respondent- State.

MAHIMA 2025.08.30 13:20 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-47258-2025 5.

This petition is hereby disposed of with the direction to the petitioner to surrender before the Trial Court concerned on or before 12.09.2025. On his such appearance, the Trial Court will be at liberty to initiate proceedings under Section 446 Cr.P.C. (491(1) BNSS) against the petitioner and after disposal thereof, shall admit the petitioner to bail. 6.

It is made clear that till the disposal of proceedings under Section 446 Cr.P.C. (491(1) BNSS), petitioner shall not be taken into custody. If in the meantime, petitioner is sought to be arrested on account of warrants of arrest having been issued against him, he shall be admitted to interim bail to the satisfaction of Arresting Officer. If he fails to surrender himself before the trial Court within stipulated period then the relief granted by this Court deems to be withdrawn.

(SUBHAS MEHLA) 27.08.2025 JUDGE mahima Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAHIMA 2025.08.30 13:20 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh