CRM-M-12590- IN THE H (108) GAGANDEEP SI STATE OF PUNJ CORAM: HON Present: Mr. Mr. Mr. R **** MANISHA BATR 1. The under Section 48 <BNSS=) for gran 05.09.2023 registe Psychotropic Subs Act at Police Stati 2. Brief petition are that o that Harpreet Sin -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH EP SINGH @ GAGGU @ HADI Versus PUNJAB HON'BLE MRS. JUSTICE MANIS r. Rishu Mahajan, Advocate and Mr. Ajay Kumar, Advocate for the pe Mr. Ruchika Sabherwal, Senior DAG **** BATRA, J. (ORAL) The instant one is the second petitio on 483 of Bharatiya Nagarik Surak r grant of regular bail in case arisi registered under Sections 21(c), 25 and c Substances Act (for short <NDPS A e Station Kathunangal, District Amrits Brief facts of the case relevant for that on 05.09.2023, on receipt of a s et Singh @ Lovely, who was invol JAB AND HARYANA AT ARH CRM-M-12590-2026 (O&M) Date of decision : 10.04.2026 ... Petitioner ...Respondent ANISHA BATRA petitioner r DAG, Punjab petition preferred by the petitioner Suraksha Sanhita, 2023 (for short e arising out of FIR No.101 dated and 29 of the Narcotic Drugs and DPS Act=) and Section 25 of Arms mritsar. t for the purpose of disposal of this of a secret information to the effect involved in drug smuggling with M) 2026 oner dent ioner short ated s and rms this ffect with AMIT SHARMA 2026.04.10 16:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-12590- Pakistani smuggle make Grand i-10 Gurdaspur to sell party headed by S said car. On searc interrogation, co- Gagandeep Singh Singh and Harpree heroin. During th registered in the n on 29.09.2023. So The petitioner w investigation and presented in the C facing trial for co petition filed by th Court. 3. It is dismissal of the prosecution witne conclusion of trial period of 02 years extended benefit o -2026 (O&M) 2 ugglers through drone and Raavi ri 10 bearing registration number PB to sell heroin, a barrier was laid at d by SI Gopal Singh and he was app search of the car recovery of 15 kg -accused Harpreet Singh @ Love Singh @ Gaggu @ Hadi (petitioner arpreet Singh @ Happy Jatt were invo ing the course of investigation, the a the name of co-accused Gurwinder S 23. Some other persons were also arra ner was arrested on 17.12.2023. Af n and usual formalities, challan unde the Court and presently, the petitione for commission of aforesaid mentio d by the petitioner had been dismissed It is argued by learned counsel for f the previous petition the trial has witness has been examined so far of trial in the near future. He has bee years, 03 months and 29 days. The nefit of bail. Each day spent by him i i river and was coming in a car r PB-02-EL-7922 from the side of the informed place by a police as apprehended while coming in the 15 kgs. of heroin was effected. On Lovely disclosed that he along with titioner), Rahul Singh, Gagangdeep re involved in smuggling and sale of , the aforesaid car was found to be nder Singh @ Guri. He was arrested so arraigned as accused in this case. 23. After completion of necessary under Section 173 of Cr.P.C. was titioner along with the co-accused is mentioned offences. The previous missed on 02.09.2025 passed by this sel for the petitioner that after the al has not progressed much as no so far. There are no chances of as been in continued detention for a . The co-accused have already been him in custody has furnished a new a car de of olice n the . On with deep le of to be ested case. ssary was ed is ious this r the s no s of for a been new AMIT SHARMA 2026.04.10 16:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-12590- ground to him in that he deserves to 4. Per c report has argued previous petition one being a succe and there are chan bail. It is, therefor 5. This C for the parties at co 6. The p disclosure statem smuggling of hero prima facie make petitioner. So fa successive one is c move successive b while entertaining ground which per earlier application day spent by an a bail application un indefinite period a -2026 (O&M) 3 im in his favour to seek concession o rves to be extended benefit of bail. Per contra, learned State counsel w rgued that there are serious allegatio tition had been dismissed by passing successive petition is not maintainab e chances of his committing similar o erefore, argued that the petition does n This Court has heard the rival submis es at considerable length. The petitioner was nominated in th statement of the co-accused and is of heroin with Pakistani smugglers. make out a case for commission o So far as the question of maintain ne is concerned, it may be mentioned ssive bail application for grant of bail aining such a subsequent bail applicat ch persuade it to take a view differe cation is made out or not. It is also r y an accused in custody provides a ne tion under certain circumstances. He eriod and the bail application can be sion of bail. It is, therefore, argued nsel while relying upon the status egations against the petitioner. His assing a detailed order. The instant tainable. He is a habitual offender ilar offences, if extended benefit of does not deserve to be allowed. ubmissions made by learned counsel in this case on the basis of the and is alleged to be involved in lers. The allegations against him sion of the subject offences by the aintainability of this petition being tioned that, an accused has a right to f bail and it is the duty of the Court, pplication, to consider that any fresh different from the one taken in the also required to be noted that every es a new cause of action for filing a He cannot be kept in custody for an be considered even if it is filed gued tatus His stant nder fit of unsel f the d in him the eing ht to ourt, fresh the ry ing a y for filed AMIT SHARMA 2026.04.10 16:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-12590- repeatedly. The d press for early com petitioner. He is time to conclude. account of delay i the light of Sectio upon the observa Hussain v. State held that grant of fettered under Sec A of Cr.P.C. whic that jails are overc appalling. The da likely to be harde Manmandal and (Criminal) No.865 of Odisha, 2023 L extended benefit o period by observ precious fundamen in such a situatio embargo contained 7. Relia Chhattishgarh & -2026 (O&M) 4 he denial of bail comes with a cond rly completion of the trial. No recove He is in custody since 17.12.2023. T clude. It is well settled proposition elay in trial and long period of incarc Section 37 of the NDPS Act. Relianc bservations made by Hon9ble Apex tate (NCT of Delhi), 2023 SCC On ant of bail on account of undue delay er Section 37 of the NDPS Act, given . which is applicable to offence under e overcrowded and their living condit he danger of unjustified imprisonm hardened rather than reformed. Relia and Another v. State of West Be o.8656 of 2023 decided on 14.09.20 023 LiveLaw (SC) 533, wherein the nefit of bail to the accused who had bserving that prolonged incarceratio damental right guaranteed under Arti ituation, the constitutional principles ntained under Section 37 of the NDPS Reliance can also be placed upon h & Anr., Criminal Appeal No.48 condition that the prosecution must recovery has been effected from the 23. The trial will take considerable sition of law that grant of bail on incarceration is to be considered in eliance in this regard can be placed pex Court in Mohd. Muslim @ OnLine SC 352, wherein it was e delay in trial cannot be said to be given the imperative of Section 436- under the Act. It was also observed conditions are, more often than not, isonment is that inmates are more . Reliance can also be placed upon t Bengal, Special Leave Petition 9.2023 and Rabi Prakash v. State ein the Hon9ble Supreme Court had o had been incarcerated for a long ceration militated against the most er Article 21 of the Constitution and nciples must override the statutory NDPS Act. upon Santosh Pawar Vs. State of o.4883/2025, which is a recently must the rable il on ed in laced @ was to be - rved not, more upon ion ate t had long most and utory of ently AMIT SHARMA 2026.04.10 16:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-12590- pronounced verdic 37 of NDPS Act w as it comes with completion of tria held that appella commercial quant incarceration for a 8. Simil v. Central Bureau and inordinate del considered the co including Section 436A (which requ not concluded wit would apply.
9. In th Crminal Appeal quantity of narcoti of bail to the accus and 08 months of t 10. Simil No.15699-2025 tit -2026 (O&M) 5 verdict of Hon9ble Supreme Court ob Act will not be a bar for considering with a condition that the prosecuti of trial. In the above-mentioned case ppellant who was being prosecuted quantity of narcotic substance, was e n for a period of 19 months.
Similarly in another case i.e. in the c reau of Investigation, (2022) 10 SC te delay engaged the attention of the H he correct approach towards bail, with ection 37 NDPS Act. The court expre h requires inter alia the accused to be ed within specified periods) of the Cr In the case of Ismail Khan @ Pa eal No.4911 of 2025 with regard narcotic substance, the Hon9ble Supre e accused in view of prolonged incarce ths of the accused.
Similar benefit has been extended 25 titled as Ebrahim @ Ibrahim SK ourt observing that rigors of Section ering the case of an accused for bail osecution would press for an early d case, the Hon9ble Supreme Court ecuted for being in possession of was entitled for bail in view of her n the case of Satender Kumar Antil 0 SCC 51 prolonged incarceration f the Hon9ble Supreme Court, which l, with respect to several enactments, t expressed the opinion that Section to be enlarged on bail if the trial is the Criminal Procedure Code, 1973 Pathan vs. State of Rajasthan regard to recovery of commercial Supreme Court accorded the benefit incarceration for a period of 02 years ended in another appeal i.e. SLP SK vs. The State of West Bengal ction r bail early ourt n of f her ntil ation hich ents, ction ial is 1973 an rcial nefit years LP gal AMIT SHARMA 2026.04.10 16:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-12590- and in the case of of 2025.
11. On an case in the light o petitioner has suf months and 29 day prosecution witne petitioner is not li to show that if rel will abscond. 12. In vie case is made out f petition is allowed his furnishing pers trial Court/Chief J 13. In th conditions, the re seeking cancellatio 14. It is, be construed as an and shall not influ -2026 (O&M) 6 ase of Pamesh Arora vs. UT Chandig On analyzing the peculiar facts and light of the aforementioned principle as suffered prolonged incarceration 29 days. The trial is not likely to be witness has been examined so far. T not likely to serve any fruitful purpo t if released on bail, the petitioner wil In view of the above discussion, this e out for grant of bail to the petitioner llowed and the petitioner is ordered to g personal as well as surety bonds to hief Judicial Magistrate/Duty Magistr In the eventuality of breach of the respondent-State shall be at lib cellation of the bail. It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a ndigarh Criminal Appeal No.4872 ts and circumstances of the present nciples of law, it transpires that the ation for a period of 02 years, 03 to be concluded in near future as no far. The continued detention of the purpose. There is nothing on record er will not participate in the trial or n, this Court is of the opinion that a itioner at this stage. Accordingly, the ered to be released on bail subject to nds to the satisfaction of the learned agistrate concerned. h of any of the aforementioned at liberty to move an application e observations made above shall not this Court on the merits of the case ial in any manner.
72 esent t the s, 03 as no f the cord al or hat a , the ct to rned oned ation l not case AMIT SHARMA 2026.04.10 16:25 I attest to the accuracy and integrity of this order/judgment. CRM-M-12590- 15. Since any, is rendered in 10.04.2026 Amit Sharma -2026 (O&M) 7 Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No n, if AMIT SHARMA 2026.04.10 16:25 I attest to the accuracy and integrity of this order/judgment.