CRM-M- 36732 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (316) SUKHJIT SINGH @ SUKHDEEP SINGH @ SUKH STATE OF PUNJAB CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: M Mr. Roshandeep Singh, AAG, Punjab **** MANISHA BATRA, J. (ORAL) 1. The Section 483 of for grant of regular bail in case registered under Sections 21(C) of the Substances Act Aircraft Act, 1934 at Police Station Khalra, District Tarn Taran. 2. As per the allegations, on 20.09.2024, a secret information was received to the effect tha Defence Drain, Peer Baba dropped near the defenc secret information to be true, a raiding party was formed which border across Forest Department. BSF personnel were also involved in the search operation. On conducting search, 36732-2026-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision : SUKHJIT SINGH @ SUKHDEEP SINGH @ SUKH Versus PUNJAB HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Ramnish Puri, Advocate for the petitioner Mr. Roshandeep Singh, AAG, Punjab **** MANISHA BATRA, J. (ORAL) The instant petition has been petition Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail in case arising out of FIR No. registered under Sections 21(C) of the Narcotic Substances Act (for short “NDPS Act”) and Section 10, 11 and 12 of the Aircraft Act, 1934 at Police Station Khalra, District Tarn Taran. As per the allegations, on 20.09.2024, a secret information was received to the effect that two youths riding on a motorcycle in the area of Defence Drain, Peer Baba were to pick up dropped near the defence drain by a drone from Pakistan secret information to be true, a raiding party was formed which border across Forest Department. BSF personnel were also involved in the search operation. On conducting search, one tied 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36732-2026 (O&M) Date of decision : 28 .07.2026 SUKHJIT SINGH @ SUKHDEEP SINGH @ SUKH ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner Mr. Roshandeep Singh, AAG, Punjab petition filed by the petitioner under Sanhita, 2023 (for short “BNSS”) arising out of FIR No.122 dated 20.09.2024 Narcotic Drugs and Psychotropic (for short “NDPS Act”) and Section 10, 11 and 12 of the Aircraft Act, 1934 at Police Station Khalra, District Tarn Taran. As per the allegations, on 20.09.2024, a secret information was riding on a motorcycle in the area of were to pick up some intoxicating substance e drain by a drone from Pakistan. Believing the secret information to be true, a raiding party was formed which reached at the border across Forest Department. BSF personnel were also involved in the one tied yellow coloured cloth was Petitioner filed by the petitioner under Sanhita, 2023 (for short “BNSS”) 122 dated 20.09.2024 Drugs and Psychotropic (for short “NDPS Act”) and Section 10, 11 and 12 of the As per the allegations, on 20.09.2024, a secret information was riding on a motorcycle in the area of some intoxicating substance Believing the reached at the border across Forest Department. BSF personnel were also involved in the yellow coloured cloth was AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment. CRM-M- 36732 found to be kept in the area. On opening the same, 2 Kg 508 Grams of heroin was found to b proceedings were initiated. Accused Daler Singh @ Dalera was arrested on 11.12.2024. He was interrogated and suffered disclosure statement to the effect that he alongwith the present petitio were involved in the business of trading of contraband. On 20.09.2024, he alongwith the petitioner had picked up 05 packets containing heroin. These packets were, the Police and BSF personnel and the same were recovered by the Police. On his disclosure, the present petitioner and his brother were nominated as accused. They were arrested on 11.07.2025. The petitioner suffered disclosure statement admitting his receiving the contraband and then concealing 05 packets thereof in the fields. He disclosed about using the motorbike at the time of picking up the contraband from the fields. Investigation now stands concluded. 3. It falsely implicated in this case. No recovery has been effected from him. There is no basis for connecting him with the commission of the subject offences. There is no likelihood of the tr of time as none out of 25 prosecution witnesses has been examined so far. On account of his involvement in another case, he cannot be denied benefit of bail. It is, therefore, argued that the petition deserves to be 36732-2026-2026 (O&M) 2 found to be kept in the area. On opening the same, 2 Kg 508 Grams of heroin was found to be kept in the same which was taken into custody. Investigation proceedings were initiated. Accused Daler Singh @ Dalera was arrested on 11.12.2024. He was interrogated and suffered disclosure statement to the effect that he alongwith the present petitioner and his brother Malkit Singh were involved in the business of trading of contraband. On 20.09.2024, he alongwith the petitioner had picked up 05 packets containing heroin. These however, concealed near Village Dall due to the activities the Police and BSF personnel and the same were recovered by the Police. On his disclosure, the present petitioner and his brother were nominated as accused. They were arrested on 11.07.2025. The petitioner suffered disclosure statement admitting his involvement in the crime by way of receiving the contraband and then concealing 05 packets thereof in the fields. He disclosed about using the motorbike at the time of picking up the contraband from the fields. Investigation now stands concluded. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. No recovery has been effected from him. There is no basis for connecting him with the commission of the subject offences. There is no likelihood of the trial being concluded within short span of time as none out of 25 prosecution witnesses has been examined so far. On account of his involvement in another case, he cannot be denied benefit of bail. It is, therefore, argued that the petition deserves to be 2 found to be kept in the area. On opening the same, 2 Kg 508 Grams of heroin e kept in the same which was taken into custody. Investigation proceedings were initiated. Accused Daler Singh @ Dalera was arrested on 11.12.2024. He was interrogated and suffered disclosure statement to the ner and his brother Malkit Singh were involved in the business of trading of contraband. On 20.09.2024, he alongwith the petitioner had picked up 05 packets containing heroin. These concealed near Village Dall due to the activities of the Police and BSF personnel and the same were recovered by the Police. On his disclosure, the present petitioner and his brother were nominated as accused. They were arrested on 11.07.2025. The petitioner suffered involvement in the crime by way of receiving the contraband and then concealing 05 packets thereof in the fields. He disclosed about using the motorbike at the time of picking up the contraband from the fields. Investigation now stands concluded. is argued by learned counsel for the petitioner that he has been falsely implicated in this case. No recovery has been effected from him. There is no basis for connecting him with the commission of the subject ial being concluded within short span of time as none out of 25 prosecution witnesses has been examined so far. On account of his involvement in another case, he cannot be denied benefit of bail. It is, therefore, argued that the petition deserves to be allowed. found to be kept in the area. On opening the same, 2 Kg 508 Grams of heroin e kept in the same which was taken into custody. Investigation proceedings were initiated. Accused Daler Singh @ Dalera was arrested on 11.12.2024. He was interrogated and suffered disclosure statement to the ner and his brother Malkit Singh were involved in the business of trading of contraband. On 20.09.2024, he alongwith the petitioner had picked up 05 packets containing heroin. These of the Police and BSF personnel and the same were recovered by the Police. On his disclosure, the present petitioner and his brother were nominated as accused. They were arrested on 11.07.2025. The petitioner suffered involvement in the crime by way of receiving the contraband and then concealing 05 packets thereof in the fields. He disclosed about using the motorbike at the time of picking up the is argued by learned counsel for the petitioner that he has been falsely implicated in this case. No recovery has been effected from him. There is no basis for connecting him with the commission of the subject ial being concluded within short span of time as none out of 25 prosecution witnesses has been examined so far. On account of his involvement in another case, he cannot be denied benefit of AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment. CRM-M- 36732 4. Per contra, learned State counsel has argued that taking into the gravity of the allegations as levelled against the petitioner, the fact that the commercial quantity of contraband was recovered from the spot chances of his absco of bail, the petition does not deserve to be allowed. 5. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6. The petitioner is alleged to contraband from the cross the commercial quantity of heroin and concealed the same in some open field. He was not named in the FIR. He is alleged to have been nomin case on the basis of the disclosure statement of the co Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1, Apex Court that the disclosure statements made under Section 67 of NDPS Act, are inadmissible material. While the veracity of the disclosure statement against the petitioner will be tested during the course of trial, however, at this stage, it cannot be ignored that no recovery has been effected from t was arrested on 11.07.2025. There is nothing on record, at this stage, to connect the petitioner either with the subject crime or to show that he was connected with the co Investigation has been completed. Conclusion of trial would take considerable time as none out of the 25 witnesses has been examined so far. The co 36732-2026-2026 (O&M) 3 Per contra, learned State counsel has argued that taking into the gravity of the allegations as levelled against the petitioner, the fact that the commercial quantity of contraband was recovered from the spot chances of his absconding or committing similar offences the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner is alleged to have been involved in smuggling of contraband from the cross-border area and is further alleged to have picked up the commercial quantity of heroin and concealed the same in some open field. was not named in the FIR. He is alleged to have been nomin case on the basis of the disclosure statement of the co Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1, Apex Court that the disclosure statements made under Section 67 of NDPS Act, are inadmissible in evidence unless corroborated by independent material. While the veracity of the disclosure statement against the petitioner will be tested during the course of trial, however, at this stage, it cannot be ignored that no recovery has been effected from t was arrested on 11.07.2025. There is nothing on record, at this stage, to connect the petitioner either with the subject crime or to show that he was connected with the co-accused in any manner at the relevant time. ion has been completed. Conclusion of trial would take considerable time as none out of the 25 witnesses has been examined so far. The co 3 Per contra, learned State counsel has argued that taking into the gravity of the allegations as levelled against the petitioner, the fact that the commercial quantity of contraband was recovered from the spot and there are nding or committing similar offences, if extended benefit the petition does not deserve to be allowed. This Court has heard the rival submissions made by learned have been involved in smuggling of and is further alleged to have picked up the commercial quantity of heroin and concealed the same in some open field. was not named in the FIR. He is alleged to have been nominated in this case on the basis of the disclosure statement of the co-accused. In Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1, it was observed by Hon’ble Apex Court that the disclosure statements made under Section 67 of NDPS in evidence unless corroborated by independent material. While the veracity of the disclosure statement against the petitioner will be tested during the course of trial, however, at this stage, it cannot be ignored that no recovery has been effected from the petitioner. The petitioner was arrested on 11.07.2025. There is nothing on record, at this stage, to connect the petitioner either with the subject crime or to show that he was accused in any manner at the relevant time. ion has been completed. Conclusion of trial would take considerable time as none out of the 25 witnesses has been examined so far. The co- Per contra, learned State counsel has argued that taking into the gravity of the allegations as levelled against the petitioner, the fact that the here are , if extended benefit This Court has heard the rival submissions made by learned have been involved in smuggling of and is further alleged to have picked up the commercial quantity of heroin and concealed the same in some open field. ated in this Tofan it was observed by Hon’ble Apex Court that the disclosure statements made under Section 67 of NDPS in evidence unless corroborated by independent material. While the veracity of the disclosure statement against the petitioner will be tested during the course of trial, however, at this stage, it cannot be he petitioner. The petitioner was arrested on 11.07.2025. There is nothing on record, at this stage, to connect the petitioner either with the subject crime or to show that he was accused in any manner at the relevant time. ion has been completed. Conclusion of trial would take considerable - AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment. CRM-M- 36732 accused has already been granted concession of bail by this Court. Keeping in view the aforesaid facts and circumstanc opinion that no useful purpose would be served by keeping the petitioner in custody anymore. without meaning to make any same prejudice the trial in any manner, the petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing personal and surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistr 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 8. Since the main petition has been any, is rendered infructuous. 28.07.2026 Amit Sharma 36732-2026-2026 (O&M) 4 accused has already been granted concession of bail by this Court. Keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that no useful purpose would be served by keeping the petitioner in custody anymore. Taking into consideration the above discussed facts but without meaning to make any comments on the merits of the case lest the same prejudice the trial in any manner, the petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing personal and surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. Since the main petition has been any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Whether reportable:- Yes/No 4 accused has already been granted concession of bail by this Court. Keeping in es, this Court is of the considered opinion that no useful purpose would be served by keeping the petitioner in Taking into consideration the above discussed facts but comments on the merits of the case lest the same prejudice the trial in any manner, the petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing personal and surety bonds to the satisfaction of the learned trial Court/Chief Judicial It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no Since the main petition has been allowed, pending application, if (MANISHA BATRA) JUDGE - Yes/No accused has already been granted concession of bail by this Court. Keeping in es, this Court is of the considered opinion that no useful purpose would be served by keeping the petitioner in Taking into consideration the above discussed facts but comments on the merits of the case lest the same prejudice the trial in any manner, the petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing personal and surety bonds to the satisfaction of the learned trial Court/Chief Judicial It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no tion, if AMIT SHARMA 2026.07.28 14:49 I attest to the accuracy and integrity of this order/judgment.