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2023 DAILYLAW 3559 (PNJ)

JASHANDEEP ALIAS JASHANPREET SINGH ALIAS GIANI v. STATE OF PUNJAB

CRM-M/47895/2025 · 2026-03-07

Mandeep Pannu

body2023

Judgment text

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CRM-M-47895- 103 IN THE HIGH COURT OF PUNJAB AND HARYANA Jashandeep @ Jashanpreet Singh @ Giani State of Punjab CORAM : HON'BLE MS Present: Mr. Ketan Chopra Mr. MANDEEP PANNU J. 1. This is the first petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 27 dated 06.03.2025 and Psychotropic Substa A NDPS Act enhanced vide rapat No.23, dated 08.03.2025, Station Sarhali, District Tarn Taran 2. The case of the prosecution, in brief, is that on along with other police officials was on patrol duty in connection with checking of suspicious persons and searching for bad elements. The police party was proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian Mahanta. When the police party reache suspicious persons were allegedly seen standing there. Upon noticing the police party, they allegedly attempted to turn back. Out of them, one person allegedly took out a polythene packet from the right pocket of hi -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Jashandeep @ Jashanpreet Singh @ Giani VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Ketan Chopra, Advocate for the petitioner. Mr. Sahil Chowdhary, AAG Punjab. -.- MANDEEP PANNU J. (Oral) This is the first petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 06.03.2025, registered under Section 21 and Psychotropic Substances Act, 1985 and Section 25 A NDPS Act enhanced vide rapat No.23, dated 08.03.2025, Sarhali, District Tarn Taran. The case of the prosecution, in brief, is that on other police officials was on patrol duty in connection with checking of suspicious persons and searching for bad elements. The police party was proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian When the police party reached in front of the office of PSPCL, three suspicious persons were allegedly seen standing there. Upon noticing the police party, they allegedly attempted to turn back. Out of them, one person allegedly took out a polythene packet from the right pocket of hi -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47895-2025 (O&M) Date of Decision : 07.03.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. . This is the first petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 21 (b), 29/61/85 of Narcotic Drugs nces Act, 1985 and Section 25/54/59 of Arms Act and 27 A NDPS Act enhanced vide rapat No.23, dated 08.03.2025, registered at Police The case of the prosecution, in brief, is that on 06.03.2025, an ASI other police officials was on patrol duty in connection with checking of suspicious persons and searching for bad elements. The police party was proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian d in front of the office of PSPCL, three suspicious persons were allegedly seen standing there. Upon noticing the police party, they allegedly attempted to turn back. Out of them, one person allegedly took out a polythene packet from the right pocket of his pant and threw it on the This is the first petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. of Narcotic Drugs and 27- registered at Police , an ASI other police officials was on patrol duty in connection with checking of suspicious persons and searching for bad elements. The police party was proceeding from CIA Tarn Taran towards Sheron, Naushehra Pannuan Thathian d in front of the office of PSPCL, three suspicious persons were allegedly seen standing there. Upon noticing the police party, they allegedly attempted to turn back. Out of them, one person allegedly s pant and threw it on the TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document CRM-M-47895- side of the kachha road. names. The co-accused Lalit Sharma disclosed that the person who had thrown the polythene packet was two persons disclosed their names as @ Manna. The said polythene packet was allegedly picked up from the ground and the petitioner allegedly stated that it contained heroin. On search, heroin, a .30 bore loaded pistol On this basis, the present FIR was registered. 3. During investigation, on the disclosure statement of co Jobanjit Singh, accused. A Hyundai Aura car were recovered from them. Singh @ Goldy and Ramneet Singh @ Raman, and ₹20,000/- along with a his possession. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated been planted and the petitioner was not in It is further submitted that the quantity allegedly recovered is which falls within the 37 of the NDPS petitioner has been in the challan has already been presented the trial is likely to accused persons and several prosecution witnesses. -2025 (O&M) side of the kachha road. On suspicion, the police apprehended them and asked their accused Lalit Sharma disclosed that the person who had thrown the polythene packet was Jashanpreet Singh @ Giani (present petitioner two persons disclosed their names as Jobanjit Singh @ Joban The said polythene packet was allegedly picked up from the ground and the petitioner allegedly stated that it contained heroin. On search, .30 bore loaded pistol, and five live cartridges On this basis, the present FIR was registered. During investigation, on the disclosure statement of co Jobanjit Singh, Navalpreet Singh and Ramaneet Singh Hyundai Aura car and ₹9,00,000/- were recovered from them. Further, on the disclosure statements of Navalpreet Singh @ Goldy and Ramneet Singh @ Raman, along with a money counting machine Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the alleged recovery has and the petitioner was not in conscious possession It is further submitted that the quantity allegedly recovered is which falls within the intermediate quantity, and therefore the rigours of 37 of the NDPS Act are not attracted. Learned counsel further submits that the petitioner has been in custody since 06.03.2025 challan has already been presented before the trial Court. trial is likely to take considerable time to conclude, as there are multiple accused persons and several prosecution witnesses. -2- On suspicion, the police apprehended them and asked their accused Lalit Sharma disclosed that the person who had thrown the Jashanpreet Singh @ Giani (present petitioner). The other Jobanjit Singh @ Joban and Manpreet Singh The said polythene packet was allegedly picked up from the ground and the petitioner allegedly stated that it contained heroin. On search, 200 grams of five live cartridges were allegedly recovered. During investigation, on the disclosure statement of co-accused Ramaneet Singh were nominated as co allegedly constituting drug money Further, on the disclosure statements of Navalpreet Singh @ Goldy and Ramneet Singh @ Raman, Lalit Sharma was also nominated money counting machine was allegedly recovered from Learned counsel for the petitioner submits that the petitioner has been It is contended that the alleged recovery has conscious possession of the contraband. It is further submitted that the quantity allegedly recovered is 200 grams of heroin , and therefore the rigours of Section Learned counsel further submits that the custody since 06.03.2025, the investigation is complete, and before the trial Court. It is also argued that to conclude, as there are multiple accused persons and several prosecution witnesses. Learned counsel further argued On suspicion, the police apprehended them and asked their accused Lalit Sharma disclosed that the person who had thrown the . The other Manpreet Singh The said polythene packet was allegedly picked up from the ground and 200 grams of were allegedly recovered. accused minated as co- allegedly constituting drug money Further, on the disclosure statements of Navalpreet was also nominated was allegedly recovered from Learned counsel for the petitioner submits that the petitioner has been It is contended that the alleged recovery has of the contraband. 200 grams of heroin, Section Learned counsel further submits that the , the investigation is complete, and It is also argued that to conclude, as there are multiple Learned counsel further argued TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document CRM-M-47895- that co-accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, Navalpreet Singh @ Goldi have already been granted the concession of regular bail this Court. Thus, it is prayed that the petitioner may be granted the concession of regular bail. 5. Per contra, which is taken on record. Learned State counsel opposes the prayer for grant of regular bail to the petitioner and submits that the allegations levelled against the petitioner are serious in nature a and Psychotropic Substances Act, 1985 contended that the petitioner was apprehended at the spot and from his possession 200 grams of heroin were allegedly recovered. Learned State counsel submits that the recovery of narcotic substance coupled with a firearm indicates the gravity of the offence and, therefore, the petitioner does not deserve the concession State counsel does not dispute that the quantity allegedly recovered from the petitioner falls within the petitioner has been in custody since case stands completed and the learned trial Court. It is also fairly conceded that the time to conclude. 6. I have heard learned counsel for the record of the case. 7. The petitioner has been in custody since recovery effected from the petitioner is -2025 (O&M) accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, Navalpreet Singh @ Goldi, Ramneet Singh @ Ra have already been granted the concession of regular bail Thus, it is prayed that the petitioner may be granted the concession of Per contra, learned State counsel has filed the custody certificate, which is taken on record. Learned State counsel opposes the prayer for grant of regular bail to the petitioner and submits that the allegations levelled against the petitioner are serious in nature as they relate to offences under the and Psychotropic Substances Act, 1985 as well as the contended that the petitioner was apprehended at the spot and from his possession 200 grams of heroin, along with a .30 bore loa were allegedly recovered. Learned State counsel submits that the recovery of narcotic substance coupled with a firearm indicates the gravity of the offence and, therefore, the petitioner does not deserve the concession State counsel does not dispute that the quantity allegedly recovered from the petitioner falls within the intermediate quantity petitioner has been in custody since 06.03.2025 case stands completed and the challan has already been presented learned trial Court. It is also fairly conceded that the to conclude. I have heard learned counsel for the record of the case. The petitioner has been in custody since recovery effected from the petitioner is 200 grams of heroin -3- accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, , Ramneet Singh @ Raman and Taufiq Khan @ Bablu have already been granted the concession of regular bail by a co-ordinate Bench of Thus, it is prayed that the petitioner may be granted the concession of learned State counsel has filed the custody certificate, which is taken on record. Learned State counsel opposes the prayer for grant of regular bail to the petitioner and submits that the allegations levelled against the s they relate to offences under the Narcotic Drugs as well as the Arms Act. It is further contended that the petitioner was apprehended at the spot and from his possession .30 bore loaded pistol and five live cartridges were allegedly recovered. Learned State counsel submits that the recovery of narcotic substance coupled with a firearm indicates the gravity of the offence and, therefore, the petitioner does not deserve the concession of bail. However, learned State counsel does not dispute that the quantity allegedly recovered from the intermediate quantity. It is also not disputed that the 06.03.2025, the investigation in the present challan has already been presented before the learned trial Court. It is also fairly conceded that the trial is likely to take some I have heard learned counsel for the parties and have gone through the The petitioner has been in custody since 06.03.2025. The alleged 200 grams of heroin, which falls within the accused, namely, Lalit Sharma @ Lalit, Manpreet Singh @ Manna, man and Taufiq Khan @ Bablu ordinate Bench of Thus, it is prayed that the petitioner may be granted the concession of learned State counsel has filed the custody certificate, which is taken on record. Learned State counsel opposes the prayer for grant of regular bail to the petitioner and submits that the allegations levelled against the Narcotic Drugs It is further contended that the petitioner was apprehended at the spot and from his possession ded pistol and five live cartridges, were allegedly recovered. Learned State counsel submits that the recovery of narcotic substance coupled with a firearm indicates the gravity of the offence and, However, learned State counsel does not dispute that the quantity allegedly recovered from the . It is also not disputed that the , the investigation in the present before the trial is likely to take some parties and have gone through the . The alleged , which falls within the TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document CRM-M-47895- intermediate quantity rigours of Section 37 of the NDPS Act It is also not in dispute that the and the challan has already been presented conclusion of trial is likely to take a view of the number of accused persons involved and the witnesses yet to be examined. 8. Without expressing any opinion on the considering the this Court is of the view that further incarceration of the petitioner would not serve any useful purpose. 9. Consequently, the present petition is Singh @ Giani bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned 10. However, it is made clear that shall not be construed as an expression of opinion on the merits of the case learned trial Court shall proceed with the trial independently and in accordance with law. 11. All pending miscellaneous application(s), if any, March 07, 2026 tripti Whether speaking/non Whether reportable -2025 (O&M) intermediate quantity under the provisions of th Section 37 of the NDPS Act would not strictly apply in the present case. It is also not in dispute that the investigation in the present case stands completed challan has already been presented before the le conclusion of trial is likely to take a considerable period of time view of the number of accused persons involved and the witnesses yet to be Without expressing any opinion on the considering the period of custody, the nature of allegations this Court is of the view that further incarceration of the petitioner would not serve any useful purpose. Consequently, the present petition is is ordered to be released on regular bail bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. However, it is made clear that any observation shall not be construed as an expression of opinion on the merits of the case learned trial Court shall proceed with the trial independently and in accordance All pending miscellaneous application(s), if any, Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- under the provisions of the NDPS Act. Consequently, the would not strictly apply in the present case. investigation in the present case stands completed before the learned trial Court. The considerable period of time, particularly in view of the number of accused persons involved and the witnesses yet to be Without expressing any opinion on the merits of the case, and period of custody, the nature of allegations and the stage of trial this Court is of the view that further incarceration of the petitioner would not serve Consequently, the present petition is allowed. Petitioner Jashanpreet released on regular bail, subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case, and the learned trial Court shall proceed with the trial independently and in accordance All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE e NDPS Act. Consequently, the would not strictly apply in the present case. investigation in the present case stands completed arned trial Court. The , particularly in view of the number of accused persons involved and the witnesses yet to be , and the stage of trial, this Court is of the view that further incarceration of the petitioner would not serve Jashanpreet , subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty made hereinabove and the learned trial Court shall proceed with the trial independently and in accordance stands disposed of. TRIPTI SAINI 2026.03.07 12:29 I attest to the accuracy and integrity of this document