CRM-M/63630/2023 of MENKA ALIAS MANEKA Vs STATE OF PUNJAB on 22 December 2023

CRM-M-63630 of 2023 -1-

Neutral Citation No.2023:PHHC:165697 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-63630 of 2023 (O&M) Date of decision : 22.12.2023

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Menka @ Maneka

................Petitioner

vs.

State of Punjab

.................Respondent

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present: Mr. P.S. Sekhon, Advocate for the petitioner.

Mr. Digvijay Nagpal, Assistant Advocate General, Punjab, for the respondent -State

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MANJARI NEHRU KAUL, J. (ORAL)

This is second petition seeking the concession of regularbail under Section 439 Cr.P.C., in case FIR No.212 dated 20.12.2022under Section 22 of Narcotic Drugs and Psychotropic SubstancesAct, 1985, (hereinafter referred to as 'the NDPS Act'), registered atPolice Station City Samana, District Patiala, as the previous petition,seeking similar relief, was dismissed as withdrawn on 14.9.2023.

2. Learned counsel for the petitioner, inter alia contendsthat the petitioner, who is a lady with two small children, has been incustody since 20.12.2022, for having been nabbed with 1020 tabletsof Tramadol. Learned counsel for the petitioner, while drawing theattention of this Court to the FIR, which has been annexed asAnnexure P-1, has further contended that no doubt the petitioner wasnabbed at the spot, however, she was just pillion riding behind herhusband i.e. co-accused who on seeing the Police Party, tried to turn back the motorcycle, as a result of which she fell down with a bagcontaining the aforementioned contraband, while her husband fledaway and ever since then he was not even in touch with her. Learnedcounsel submits that infact, she is innocent and had no role to play inthe crime in question which is further evident from the fact that shehas no criminal antecedents; it was her husband, who was involved inthe sale and purchase of narcotic substances, as he was involved insome other cases under the NDPS Act. A prayer, has therefore, beenmade that in the facts and circumstances, as enumerated hereinabove,the petitioner be extended the concession of bail, as there is nolikelihood of the trial concluding in the near future, more so, sincenone of the 15 prosecution witnesses have been examined so far.

3. Per contra, learned State counsel, while opposing theprayer and submissions made by the counsel opposite, has submittedthat the petitioner was apprehended at the spot, when she fell off themotorcycle on which she was pillion riding behind her husband i.e.,co-accused. It has been further submitted that her husband fled awayfrom the spot and had since been declared a proclaimed offender.Learned State counsel has also contended, that it was the petitionerherself, who disclosed to the police that the bag contained intoxicanttablets and since her husband was conscious of its contents, he hadfled away.

4. On a pointed query, learned State counsel has notdisputed that the petitioner has clean antecedents, and is not involvedin any other criminal case, much less, under the NDPS Act. It hasfurther been submitted, on instructions, that the next date before the trial Court is 9.1.2024, when the prosecution evidence is likely tocommence.

5. I have heard learned counsel for the parties and perusedthe relevant material on record.

6. The petitioner is a lady having two minor children andhas been in custody for more than a year. The investigation in thecase in hand is complete and even though charges stand framed,however the prosecution evidence is yet to be recorded. The trialwould therefore, take considerable time to conclude. In the facts andcircumstances, as enumerated hereinabove, this Court thus deems itfit to extend the concession of bail to the petitioner. The petition assuch is allowed and the petitioner is admitted to bail to thesatisfaction of the trial Court/Duty Magistrate concerned. However, itis made clear that anything observed hereinabove shall not beconstrued to be an expression of opinion on the merits of the case.

7. Needless to say, in case the petitioner misuses theconcession of bail granted to her, the State would be at liberty to seekcancellation of the same.

( MANJARI NEHRU KAUL)22.12.2023 JUDGEchugh Whether speaking / reasonedYes / No Whether reportable Yes / No