Rajbir Kaur v. State Of Punjab

241 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56828-2023 Date of Decision: November 16, 2023 Rajbir Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Manoj R. Sharma, Advocate for the petitioner. DEEPAK GUPTA , J.(Oral) By way of present petition filed under Section 439 Cr.P.C., petitioner prays for grant for regular bail in case FIR No.92, dated 15.09.2023, under Sections 21(b), 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Gurdaspur, District Gurdaspur.

As per allegations, 20 grams of heroin alongwith drug money ₹ of 40,000/- were recovered from the possession of the petitioner on 15.09.2023.

It is contended by learned counsel for the petitioner that the petitioner has been falsely implicated; that she is not involved in any such activity and has no criminal antecedent. It is further contended that recovery of alleged contraband is of non-commercial quantity and that the petitioner is in custody for the last 02 months and further investigation and trial may take time to conclude.

Notice of motion.

Mr. M.S. Nagra, AAG, Punjab accepts notice on behalf of respondent-State.

SARITA RANI 2023.11.15 16:38 I attest to the accuracy and integrity of this document/order

CRM-M-56828-2023 - 2 - Learned State counsel does not refute the aforesaid contentions to the effect that recovered quantity falls in the noncommercial category and that the petitioner has no criminal antecedent. Custody certificate placed on record by learned State counsel reveals that the petitioner is in custody for the last 02 months with no criminal antecedent. Further investigation and trial may take time to conclude.

Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, petitioner is admitted to bail. She is order to be released on bail on her furnishing requisite bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned.

Allowed.

November 16, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.11.15 16:38 I attest to the accuracy and integrity of this document/order