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High Court of Punjab and HaryanaCRM-M/56572/2024allowed

Mohd. Najib Alias Sonu v. State Of Punjab

2025-09-08Mr. Justice H.S. Grewal2 pages

CRM-M-56572-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56572-2024 Date of Decision: 08.09.2025 MOHD. NAJIB @ SONU ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Ms. Kamlesh, Advocate for the petitioner.

H.S. Grewal, J.(Oral) 1.

This petition has been filed for grant of regular bail under Section 483 of the BNSS in case FIR No. 47 dated 07.04.2023 under Sections 22,29,61,85 of NDPS Act registered at Police Station City-I, Malerkotla. 2.

The case of the prosecution is that the petitioner along with his co-accused Manpreet Kaur @ Mannu was apprehended on the basis of secret information while driving a motorcycle and 50 intoxicated vials make Wincirex Cough syrup were recovered.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The mandatory provisions of Sections 42 and 50 of the NDPS Act have not been complied with. The petitioner is in custody since 07.04.2023 and is not involved in any other case. 4.

Notice of motion.

5.

Mr. Rishabh Singla, AAG, Punjab accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate of the Renu Rawat 2025.09.09 11.16 I attest to the accuracy and integrity of this document

CRM-M-56572-2024 -2petitioner in the Court today and the same is taken on record. As per custody certificate, the petitioner is in custody for the last 02 year 04 months and 28 days. On asking, he further submits that out of 15 cited prosecution witnesses only 03 have been examined so far.

6.

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

7.

Keeping in view the above and the fact that only 03 prosecution witnesses have been examined so far; the petitioner is in custody for the last 02 year 04 months and 28 days; the continuous detention of the petitioner would not serve the ends of justice, therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 8.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

9.

It is clarified that if on bail so granted through the instant order, the applicant is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 08.09.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.09.09 11.16 I attest to the accuracy and integrity of this document