Manjit Kaur @ Manjita v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 22.01.2026 Manjit Kaur @ Manjita . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Brijesh Nandan, Advocate (through V.C.) for the petitioner(s).

Mr. Neeraj Madaan, Sr. DAG, 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 04.11.2023 22 of the NDPS Act, 1985 Mehatpur Jalandhar Manjit Kaur @ Manjita 2.

As per case of the prosecution, on seeing the police party, petitioner - Manjit Kaur @ Manjita, took out the transparent wax envelope held in her right hand and throw it along the roadside. On being intercepted and checking of the polythene bag, 210 loose Etizolam tablets were recovered with the salt weighing 21.630 grams. 3.

Learned counsel for the petitioner argues that in fact, a false case has been planted against the petitioner, as she is a young woman of the

- 2 - age of about 22 years only and never in her past carrier found indulge in any other similar activity. Even after being arrested in the present case, she has already suffered incarceration for more than a period of 02 years. After filing of challan, charges were framed and till date out of total 09 prosecution witnesses, 04 witnesses have been examined and 05 are yet to be examined, including the material witnesses. Thus, learned counsel submits that keeping in view the facts of the case and antecedents of the petitioner, she deserves an opportunity to reform and reintegrate herself in the society. Thus, prays that by taking a lenient view, concession of regular be graned to her.

4.

On the other hand, learned State counsel has filed the status report and custody certificate dated 21.01.2026 in Court today. Same are taken on record. Office to tag the same at appropriate place. Copies thereof have been handed over to learned counsel for the petitioner. 5.

Learned State counsel, while opposing the prayer for bail and explaining the role attributed to the petitioner, submits that the allegations indicate the petitioner's active involvement in the narcotics trafficking chain. Besides, learned State counsel submits that the offence is serious in nature and attracts stringent punishment and, therefore, warrants custodial trial. However, learned State counsel does not dispute the factual submissions made by learned counsel for the petitioner. He fairly confirms that petitioner has suffered incarceration inside jail for a period of 02 years and 20 days, and also confirms that except the present case, no other case has ever been registered against her. It is also an admitted position that after completion of investigation, challan has been presented on 17.02.2024 and after framing of

- 3 - charges on 30.03.2024, out of total cited 09 prosecution witnesses, only 04 have been examined till date.

6.

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

7.

Admittedly, petitioner is behind bars since 04.11.2023, i.e., for a period of 02 years and 20 days, and the trial is moving at a slow pace, therefore, its conclusion is likely to take considerable time. Further, it is noticed that petitioner is a young woman of the age of about 22 years and as per custody certificate, she is not shown to be involved in any other similar activity. Whether petitioner was in conscious possession of the alleged contraband or not, is yet to be established before the learned trial Court during trial. Besides, petitioner is stated to be a first-time offender under the NDPS Act and thus, deserves to be considered on different footings. Keeping in view her young age, period of custody already undergone, and other circumstances noticed above, this Court deems it appropriate to extend her an opportunity to reform and rehabilitate herself in society and to join the normal course of life.

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.

8.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

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Any of the discussion done and recorded here-above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible in accordance with law.

10.

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.

11.

Petition stands disposed of.

Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE January 22, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No