Neelam Kalra v. Union Of India Through Ncb

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-55002-2024 Date of decision: 02.12.2024 NEELAM KALRA ....Petitioner V/s UNION OF INDIA THROUGH NCB ....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. S.K.Sandhir, Advocate, for the petitioner. ***** MANJARI NEHRU KAUL, J. (ORAL) 1.

The petitioner in the present petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is seeking quashing of order dated 03.08.2024 passed by the learned Judge Special Court, Ludhiana (Annexure P-5) on an application bearing CRM 33/24 filed by the respondent in supplementary compliant dated 22.12.2023 (Annexure P-1) in NCB Crime No.79 dated 15.11.2022, under Sections 8, 8-A, 18, 21, 23, 25, 27-A, 27-B, 28, 29, 60 and 62 of the NDPS Act, 1985 at Police Station N.C.B., Chandigarh titled as U.O.I. through N.C.B. vs. Akshay Chhabra and others, being wrong and illegal.

2.

Learned counsel for the petitioner at the outset submits that the petitioner is willing and ready to appear, and surrender before the Trial Court. Hence, in the aforementioned facts and circumstances, the petitioner be protected till her appearance before the Trial Court, and directions be POONAM RATHORE 2024.12.03 16:26 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-55002-2024 -2given to the Trial Court that her bail application, which she would be filing on her surrender, be decided expeditiously.

3.

Notice of motion.

4.

On asking of the Court, Dr. Anju Sharma, accepts notice on behalf of respondent-NCB.

5.

In view of the limited prayer made by the learned counsel for the petitioner, the instant petition is disposed of with the following terms: "The petitioner is to appear and surrender before the trial Court within 07 days from today. Till then, no coercive steps be taken against the petitioner. This is contingent upon the petitioner paying a cost of Rs.10,000/- to be deposited with the District Legal Services Authority concerned." 6.

It is made clear that in case, the petitioner fails to surrender before the Trial Court within 07 days from today, this order shall be of no avail to her, thereafter. In case, on appearance and surrender, the petitioner moves an application for bail, the Trial Court shall make earnest efforts to decide it expeditiously, in accordance with law. (MANJARI NEHRU KAUL) JUDGE December 02, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.12.03 16:26 I attest to the accuracy and authenticity of this document High Court Chandigarh