KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the third petition filed under Sec. 439 of Cr.P.C. for grant of regular bail to the petitioner in FIR No.114 dtd. 24/11/2021 registered under Ss. 21, 22-C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Badali Ala Singh, District Fatehgarh Sahib.

(2.) Learned counsel for the petitioner has submitted that the petitioner is in custody since 25/11/2021 and the investigation is complete and challan has been presented and there are 19 prosecution witnesses, out of which, 12 witnesses are yet to be examined and thus, the conclusion of trial is likely to take time. It is also contended that the first bail application of the petitioner was dismissed as withdrawn at that stage on 29/11/2022 and thereafter, the petitioner had filed a second petition seeking interim bail which was withdrawn on 21/3/2023 and since, the second petition was for grant of interim bail, thus, in effect, the present petition is the second regular bail application. It is further submitted that even after withdrawal of the last petition, sufficient time has lapsed and yet the trial has not concluded thus, entitling the petitioner to file the present bail petition. It is contended the petitioner is not involved in any other case under the NDPS Act. It is further contended that the petitioner is a woman and neither she was arrested on the spot and nor was named in the FIR nor there was any secret information against her and she has been implicated in the case on the basis of disclosure statement made by the main accused namely, Mohammad Aslam and keeping in view the length of the custody undergone by the petitioner, she deserves the concession of regular bail, as any further incarceration would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India. Learned counsel for the petitioner has relied upon various orders of the Hon'ble Supreme Court, wherein, solely on the basis of the custody, the bail has been granted. Reliance has also been placed upon an order of the Hon'ble Division Bench of this Court in CRM-3773-2019 in CRA-D-198-DB-2017 in case titled as 'Bhupender Singh Vs. Narcotic Control Bureau'.

(3.) On the other hand, learned State counsel has opposed the present petition for grant of regular bail to the petitioner and has submitted that after the petitioner was nominated vide the disclosure statement of the main accused Mohammad Aslam, recovery of 52 grams of heroin and 1410 Diphenoxylate tables has been effected from the petitioner and the said recovery falls within the category of commercial quantity and thus, the bar under Sec. 37 of the NDPS Act would apply in the present case. It is further submitted that Rs.52,000.00 drug money has also been recovered from the present petitioner.