AI Structured Summary
Not yet generated for this judgment
Judgment
SANJAY VASHISTH, J. (Oral)
Present petition has been filed under Section 483 of BNSS seeking regular bail in case FIR No.151 dated 10.06.2026, under Sections 22 of NDPS Act, registered at Police Station Division No.7, District Ludhiana.
Instant petition has been preferred regarding the apprehension of the accused, Ravi Kumar @ Ravi, aged 24 years. He was taken into police custody on 10.06.2026, and the prosecution case, as reflected in the aforesaid FIR, records his role as follows:
"To, The SHO Sahib, Police Station Division No. 07, Ludhiana. "Jai Hind". Today, I, ASI, along with HC Hardial Singh No. 708/PBI, S/CT Jagjit Singh No. 939/Ludhiana and CT Jaswinder Singh No. 4115/Lud-hiana, by riding in a private vehicle, in connection with patrolling and checking for search of bad persons, was present near T-Point Tajpur Road Cut. Then a special informer came present and gave information to me, ASI, separately that Ravi Kumar alias Ravi son of Sunil Sahni, resident of House No. 202, Street No. 04, Ram Nagar, Bihari Colony, near Kali Mata Mandir, Tajpur Road, Ludhiana, who is wearing a black T-shirt and black shorts, also supplies intoxicant tablets. At this time also, he is carrying a heavy quantity of intoxicant tablets and is going near Bihari Colony, Tajpur, Ludhiana, to supply the same to someone. If a naka is laid near Bihari Colony, Tajpur, Ludhiana, and checking is conducted, then Ravi Kumar alias Ravi son of Sunil Sahni, resident of House No. 202, Street No. 04, Ram Nagar, Bihari Colony, near Kali Mata Mandir, Tajpur Road, Ludhiana, can be apprehended along with intoxicant tablets. The information is true and reliable. The above said act of Ravi Kumar alias Ravi son of Sunil Sahni, resident aforesaid, is found to constitute an offence under Section 22-61-85 of the NDPS Act. The ruqa has been typed on the laptop and printed through the printer and, for registration of a case against accused Ravi Kumar alias Ravi son of Sunil Sahni, resident aforesaid, for the aforesaid offence, is being sent by hand through Constable Jaswinder Singh No. 4115/Ludhiana to the police station. After registering the case, the case number be intimated. Special reports be issued, and in-formation be given to the Control Room through mobile phone. Com-pliance of Section 42 of the NDPS Act has been made, and for recov-ery, I, ASI, along with accompanying officials, am busy in investiga-tion. Sd/- Malkit Singh, ASI Police Station Division No. 07, Ludhiana. Date: 10.06.2026 Today, within the jurisdiction, at T-Point Tajpur Road Cut. Time: 9:32 PM. Today, at the police station, upon receipt of the above ruqa as per arrival, the above case for the above offence against Ravi Kumar alias Ravi son of Sunil Sahni, resident aforesaid, has been registered in the register. The original ruqa along with copy of FIR is being sent by hand through messenger CT to the assigned ASI at the spot for investigation. Information has been given to the Control Room through wireless. Copies of the FIR, as special reports, will be sent by hand through S/CT Soni Khan No. 2679/Ludhiana to the Hon'ble senior officers above and to the Hon'ble Illaga Magistrate. Closing report No. 33 Time: 10:25 PM.”
After hearing learned counsel for the petitioner, on 02.11.2026 following was recorded by this Court:
“3.After registering the FIR, merely on receiving of the information of involvement of petitioner, in the sale of the narcotic drugs, investigation was started. Thereafter, as per prosecution case, raid was conducted at the disclosed place and recovery of 1020 tablets of Alprazolam (learned State counsel submits that tablets were counted as 1120) were shown to be recovered from the possession of petitioner and since then he is confined in the jail, after being subjected to the custodial interrogation.
4.On 07.08.2026, Criminal Writ Petition No. 8536 of 2026, filed by Roshni (wife of the peittioner-Ravi Kumar@ Ravi) was listed and the Commissioner of Police, Ludhiana was directed to file status report.
5.Status report dated 06.08.2026 was filed in CRWP-8536-2026 by Mr. Swapan Sharma, IPS, Commissioner of Police, Lud-hiana (respondent No. 3).
6.The summoned substance from the status report filed by the Commissioner of Police, Ludhiana is that accused-Ravi Ku-mar @ Ravi, as projected by his wife Roshni could not be identi-fied from the CCTV footage. However, it is also explained that about 13 other FIRs under the NDPS Act were found registered duing the current year alone against different persons. All such cases are recorded as under: -
Sr. No. Particulars of FIRs Names of
accused
Recovery 1. FIR No.24 dated 17.01.2026, u/s 21 (B) of NDPS P.S.Division No.7, Ludhiana. Act, Rohit 10 grams
Heroine
2. FIR No.25 dated 17.01.2026, u/s 20 of Act, NDPS P.S.Division No.7, Ludhiana. Vishal
Sahni
1190 intoxicant tablets 3. FIR No.42 dated 30.01.2026, u/s 21 Act, of NDPS P.S.Division No.7, Ludhiana. Gautam
Sahni
50 grams
Heroine
4. FIR No.60 dated 24.02.2026, u/s 22 of NDPS Act, P.S.Division No.7, Ludhiana. Rahul 58 Intoxicant
tablets
5. FIR No.77 dated 19.03.2026, u/s 22 of NDPS Act, P.S.Division No.7, Ludhiana. Sukhwind
er Kumar
50 Intoxicant
tablets
6. FIR No.85 dated 27.03.2026, u/s 22 of NDPS Act, P.S.Division No.7, Ludhiana. Pawan Kumar and Aniket 77 intoxicant
tablets
7. FIR No.108 dated 16.04.2026, u/s 22 of NDPS Act, P.S.Division No.7, Ludhiana. Santosh and Sukhwinder Singh 72 intoxicant
tablets
8. FIR No.137 dated 28.05.2026, u/s Act, 22 of NDPS P.S.Division No.7, Ludhiana. Wali Kumar alias Mani 140 intoxicant tablets 9. FIR No.144 dated 02.06.2026, u/s 21 (B) of NDPS Act, P.S.Division No.7, Ludhiana. Sumit 6.50 grams
Heroine
10. FIR No.156 dated 18.06.2026, u/s 21 of NDPS Act, P.S.Division No.7, Ludhiana. Sulinder
Kumar
100 grams
Heroine
11. FIR No.160 dated 26.06.2026, u/s Act, P.S.Division No.7, Ludhiana. NDPS Raja and Manoj Kumar 308 grams
Heroine
12. FIR No.184 dated 23.07.2026, u/s NDPS Act, of 27 P.S.Division No.7, Ludhiana. Sukhkara
n Singh
One Lighter, one silver roll and 10 Rupees currency note. 13. FIR No.185 dated 27.07.2026, Act, u/s 27 of NDPS Act, P.S.Division No.7, Ludhiana Bakshish
Singh
One Lighter, one silver roll and 10 Rupees currency note 7.On record of the bail petition, some photographs (Annex-ure P-4) have also been appended, showing the injuries having been suffered by accused Ravi Kumar and also that there is one lady police official, while the accused Ravi Kumar @ Ravi was also there, seems to be in handcuffed position. The Court also notices copy of the MLR dated 23.06.2026 appended with the bail petition, wherein description of 19 injuries having been suffered by the accused Ravi Kumar have been detailed. In the gist of incident, doctors recorded that “patient gives alleged his-tory of assault on 10.06.2026 at around 9.00 p.m. at Police Sta-tion Division No. 7” and said part is found corroborated from the order dated 11.06.2026 recorded by the Court of JMIC Ludhi-ana, wherein injuries suffered by accused Ravi Kumar were no-ticed by the Court also. Thereupon, considering the conduct of the police officials, said accused was not even subjected to the custodial interrogation at the instance of police .
8.When the Court asked learned State counsel to produce the arrest memo of the accused, he expresses his inability, as the concerned police official was not even present at the time of hearing of the case.
9.The Commissioner of Police, Ludhiana is directed to take strict disciplinary action against the police official, who has no respect for the Court proceedings, though specially deputed at the time of heairng of the bail petition.
10.List again on 13.11.2026.
11.Meanwhile, petitioner is ordered to be released on interim 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.
Today, learned State counsel, on instructions received from the Investigating Officer, submits that after apprising the petitioner of the grounds of arrest, he was formally arrested vide arrest memo dated 10.06.2026. However, upon perusal of the said arrest memo, learned State counsel fairly concedes that there is no reference therein to any injuries already existing on the person of the petitioner. The only relevant entry in this regard is a question, as to whether the petitioner wished to undergo medical examination, towhich he is stated to have replied in the negative.
The aforesaid explanation, however, does not satisfactorily address the circumstances noticed by this Court in its earlier order dated 02.11.2026. If the petitioner had allegedly suffered as many as 19 injuries, as reflected in the MLR dated 23.06.2026, and the medical history recorded therein referred to an assault at the police station on the date of his apprehension, it was incumbent upon the investigating agency to explain the circumstances in which such injuries were sustained. The mere recording of a negative response to the question whether the petitioner wished to undergo medical examination does not, by itself, satisfactorily explain the circumstances surrounding the injuries noticed by the learned Magistrate on 11.06.2026.
The issue that arises for consideration is that, if the petitioner was already suffering from injuries, why was he not immediately subjected to a medical examination, or why was he not immediatley produced before the learned Magistrate with the request of seeking permission for his medical examination! Rather, the fact that the learned Magistrate did not permit police remand also speaks volumes about the conduct of the police officials.
In view of the aforesaid circumstances, and without expressing any opinion on the merits of the allegations or the legality of the recovery forming the subject matter of the FIR, interim bail granted to the petitioner vide order dated 02.11.2026 is hereby made absolute, and the present petition is allowed.
However, it is made clear that petitioner shall not be required to furnish fresh bail or surety bonds, if the requisite bonds have already been furnished pursuant to the order dated 02.11.2026. However, he shall furnish an undertaking/affidavit before the learned Trial Court affirming that the bail and surety bonds already furnished shall remain operative and that he shall be abide by all the terms and conditions imposed while granting interim bail.
Petition stands disposed of accordingly.