CRM-M-20980- 112 IN THE HIGH COURT OF PUNJAB AND HARYANA Gurjinder Singh Sabbi State of Punjab CORAM : HON'BLE MS Present: Mr. MANDEEP PANNU J. 1. This is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the petitioner in case arising out of FIR No. 116 dated 08.08.2023, registered under Section 21(c) of the NDPS Act, 1985 and Sections 25 and 29 of the NDPS Act (added later on), at Police Station Nathana, District Bathinda, Punjab. 2. As per the prosecution version, the police party intercepted a white Hyundai Creta car bearing registration No. PB were present, namely Sandeep Singh @ Fauji (driver) and Gurjind (present petitioner), who was seated on the adjoining seat. On inquiry, both disclosed their identities. During suspicion coloured kit bag was noticed in possession of the petitioner Gurjinder Singh. Upon observing their conduct and the circumstances, the police suspected that narcotic substance might be concealed in the said bag. After informing them of their legal -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Gurjinder Singh Sabbi VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Jashandeep Singh Sandhu, Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) This is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the petitioner in case arising out of FIR No. 116 dated 08.08.2023, registered under Section 21(c) of the NDPS Act, 1985 and Sections 25 and 29 of the NDPS Act (added later on), at tion Nathana, District Bathinda, Punjab. As per the prosecution version, the police party intercepted a white Hyundai Creta car bearing registration No. PB-05 were present, namely Sandeep Singh @ Fauji (driver) and Gurjind (present petitioner), who was seated on the adjoining seat. On inquiry, both disclosed their identities. During suspicion-based checking, a black and red coloured kit bag was noticed in possession of the petitioner Gurjinder Singh. Upon erving their conduct and the circumstances, the police suspected that narcotic substance might be concealed in the said bag. After informing them of their legal -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20980-2025 (O&M) Date of Decision : 23.02.2026 ....Petitioner ....Respondent MANDEEP PANNU Jashandeep Singh Sandhu, Advocate for the petitioner. This is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the petitioner in case arising out of FIR No. 116 dated 08.08.2023, registered under Section 21(c) of the NDPS Act, 1985 and Sections 25 and 29 of the NDPS Act (added later on), at tion Nathana, District Bathinda, Punjab. As per the prosecution version, the police party intercepted a white 05-AR-2766, in which two persons were present, namely Sandeep Singh @ Fauji (driver) and Gurjinder Singh Sabbi (present petitioner), who was seated on the adjoining seat. On inquiry, both based checking, a black and red coloured kit bag was noticed in possession of the petitioner Gurjinder Singh. Upon erving their conduct and the circumstances, the police suspected that narcotic substance might be concealed in the said bag. After informing them of their legal This is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the petitioner in case arising out of FIR No. 116 dated 08.08.2023, registered under Section 21(c) of the NDPS Act, 1985 and Sections 25 and 29 of the NDPS Act (added later on), at As per the prosecution version, the police party intercepted a white 2766, in which two persons Sabbi (present petitioner), who was seated on the adjoining seat. On inquiry, both based checking, a black and red coloured kit bag was noticed in possession of the petitioner Gurjinder Singh. Upon erving their conduct and the circumstances, the police suspected that narcotic substance might be concealed in the said bag. After informing them of their legal TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document CRM-M-20980- right to be searched before a Magistrate or Gazetted Officer, both accused consented to be sear 3. Upon search, the alleged recovery of contraband was effected from the kit bag attributed to the possession of petitioner Gurjinder Singh role attributed to co vehicle in which the petitioner was travelling and was accompanying him at the time of the alleged recovery. The prosecution case thus asserts conscious possession of the contraband upon the present petitioner, while the co alleged to be involv transportation of the contraband substance. 4. It is argued by learned counsel for the petitioner that co Sandeep Singh @ Fauji alleged contraband was recovered, has already been released on regular bail, and therefore the present petitioner is also entitled to the concession of bail on the ground of parity. It is further contended that the petitioner has been in custody for the last about two years and six months and not even a single prosecution witness has been examined till date. Learned counsel also submits that the petitioner is not keeping good health and is suffering from various ailments, and therefore on humanitarian grounds as well he deserves to be enlarged on regular bail. 5. Notice of motion. 6. Mr. Sahil Chowdhary, AAG Punjab, accepts notice and filed the status report, which is taken on record. the case of the present petitioner stands on an entirely different footing from that of co-accused Sandeep Singh from the conscious possession of petitioner Gurjinder Singh -2025 (O&M) right to be searched before a Magistrate or Gazetted Officer, both accused consented to be searched by the police party. Upon search, the alleged recovery of contraband was effected from the kit bag attributed to the possession of petitioner Gurjinder Singh role attributed to co-accused Sandeep Singh @ Fauji is that he was driving the vehicle in which the petitioner was travelling and was accompanying him at the time of the alleged recovery. The prosecution case thus asserts conscious possession of the contraband upon the present petitioner, while the co alleged to be involved by virtue of his presence, association and participation in the transportation of the contraband substance. It is argued by learned counsel for the petitioner that co @ Fauji, who was also present in the same vehicle from which alleged contraband was recovered, has already been released on regular bail, and therefore the present petitioner is also entitled to the concession of bail on the ground of parity. It is further contended that the petitioner has been in custody for he last about two years and six months and not even a single prosecution witness has been examined till date. Learned counsel also submits that the petitioner is not keeping good health and is suffering from various ailments, and therefore on grounds as well he deserves to be enlarged on regular bail. Notice of motion. Mr. Sahil Chowdhary, AAG Punjab, accepts notice and filed the status report, which is taken on record. He has opposed the case of the present petitioner stands on an entirely different footing from that of accused Sandeep Singh @ Fauji, as the recovery of contraband was effected from the conscious possession of petitioner Gurjinder Singh -2- right to be searched before a Magistrate or Gazetted Officer, both accused Upon search, the alleged recovery of contraband was effected from the kit bag attributed to the possession of petitioner Gurjinder Singh Sabbi. The accused Sandeep Singh @ Fauji is that he was driving the vehicle in which the petitioner was travelling and was accompanying him at the time of the alleged recovery. The prosecution case thus asserts conscious possession of the contraband upon the present petitioner, while the co-accused is ed by virtue of his presence, association and participation in the It is argued by learned counsel for the petitioner that co-accused , who was also present in the same vehicle from which alleged contraband was recovered, has already been released on regular bail, and therefore the present petitioner is also entitled to the concession of bail on the ground of parity. It is further contended that the petitioner has been in custody for he last about two years and six months and not even a single prosecution witness has been examined till date. Learned counsel also submits that the petitioner is not keeping good health and is suffering from various ailments, and therefore on grounds as well he deserves to be enlarged on regular bail. Mr. Sahil Chowdhary, AAG Punjab, accepts notice and filed the status has opposed the prayer and has submitted that the case of the present petitioner stands on an entirely different footing from that of , as the recovery of contraband was effected from the conscious possession of petitioner Gurjinder Singh Sabbi himself. It is right to be searched before a Magistrate or Gazetted Officer, both accused Upon search, the alleged recovery of contraband was effected from . The accused Sandeep Singh @ Fauji is that he was driving the vehicle in which the petitioner was travelling and was accompanying him at the time of the alleged recovery. The prosecution case thus asserts conscious accused is ed by virtue of his presence, association and participation in the accused the alleged contraband was recovered, has already been released on regular bail, and therefore the present petitioner is also entitled to the concession of bail on the ground of parity. It is further contended that the petitioner has been in custody for he last about two years and six months and not even a single prosecution witness has been examined till date. Learned counsel also submits that the petitioner is not keeping good health and is suffering from various ailments, and therefore on Mr. Sahil Chowdhary, AAG Punjab, accepts notice and filed the status that the case of the present petitioner stands on an entirely different footing from that of , as the recovery of contraband was effected himself. It is TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document CRM-M-20980- contended that the recovered contraband is heroin weighing 4 kilograms, which falls within the category of commercial quantity under the NDPS Act, and thus the rigours of Section 37 of the Act are fully attracted. It is further submitted that material prosecut released on bail, there is every likelihood that he may influence or intimidate the witnesses and hamper the trial proceedings. 7. Having heard learned counsel for the parties and after p record, this Court finds no merit in the present petition. 8. The plea of parity raised by the petitioner is misconceived, as the case of co-accused Sandeep Singh is not comparable with that of the present petitioner. The alleged recovery Singh Sabbi, whereas no recovery was effected from co who was merely stated to be driving the vehicle granted bail. The role attributed to th being the person from whose possession the contraband was allegedly recovered. The quantity recovered is 4 kilograms of heroin, which is a commercial quantity and reflects the gravity and seriousness of the offe are yet to be examined and the trial is still at a crucial stage. The petitioner has also not placed on record any cogent medical document to substantiate his plea of serious illness. 9. Considering the nature of allegati in Section 37 of the NDPS Act, the gravity of the offence, and the possibility of influencing witnesses if released on bail, this Court is of the considered view that the petitioner is not entitled to the concession of present bail application stands dismissed. -2025 (O&M) ended that the recovered contraband is heroin weighing 4 kilograms, which falls within the category of commercial quantity under the NDPS Act, and thus the rigours of Section 37 of the Act are fully attracted. It is further submitted that material prosecution witnesses are yet to be examined and, in case the petitioner is released on bail, there is every likelihood that he may influence or intimidate the witnesses and hamper the trial proceedings. Having heard learned counsel for the parties and after p record, this Court finds no merit in the present petition. The plea of parity raised by the petitioner is misconceived, as the case accused Sandeep Singh is not comparable with that of the present petitioner. The alleged recovery was effected from the conscious possession of Gurjinder , whereas no recovery was effected from co who was merely stated to be driving the vehicle granted bail. The role attributed to the present petitioner is direct and specific, being the person from whose possession the contraband was allegedly recovered. The quantity recovered is 4 kilograms of heroin, which is a commercial quantity and reflects the gravity and seriousness of the offe are yet to be examined and the trial is still at a crucial stage. The petitioner has also not placed on record any cogent medical document to substantiate his plea of Considering the nature of allegations, the statutory embargo contained in Section 37 of the NDPS Act, the gravity of the offence, and the possibility of influencing witnesses if released on bail, this Court is of the considered view that the petitioner is not entitled to the concession of present bail application stands dismissed. -3- ended that the recovered contraband is heroin weighing 4 kilograms, which falls within the category of commercial quantity under the NDPS Act, and thus the rigours of Section 37 of the Act are fully attracted. It is further submitted that ion witnesses are yet to be examined and, in case the petitioner is released on bail, there is every likelihood that he may influence or intimidate the Having heard learned counsel for the parties and after perusal of the record, this Court finds no merit in the present petition. The plea of parity raised by the petitioner is misconceived, as the case accused Sandeep Singh is not comparable with that of the present petitioner. was effected from the conscious possession of Gurjinder , whereas no recovery was effected from co-accused Sandeep Singh, who was merely stated to be driving the vehicle. It is for this reason that he was e present petitioner is direct and specific, being the person from whose possession the contraband was allegedly recovered. The quantity recovered is 4 kilograms of heroin, which is a commercial quantity and reflects the gravity and seriousness of the offence. Further, material witnesses are yet to be examined and the trial is still at a crucial stage. The petitioner has also not placed on record any cogent medical document to substantiate his plea of ons, the statutory embargo contained in Section 37 of the NDPS Act, the gravity of the offence, and the possibility of influencing witnesses if released on bail, this Court is of the considered view that the petitioner is not entitled to the concession of regular bail. Accordingly, the ended that the recovered contraband is heroin weighing 4 kilograms, which falls within the category of commercial quantity under the NDPS Act, and thus the rigours of Section 37 of the Act are fully attracted. It is further submitted that ion witnesses are yet to be examined and, in case the petitioner is released on bail, there is every likelihood that he may influence or intimidate the erusal of the The plea of parity raised by the petitioner is misconceived, as the case accused Sandeep Singh is not comparable with that of the present petitioner. was effected from the conscious possession of Gurjinder accused Sandeep Singh, t is for this reason that he was e present petitioner is direct and specific, being the person from whose possession the contraband was allegedly recovered. The quantity recovered is 4 kilograms of heroin, which is a commercial quantity nce. Further, material witnesses are yet to be examined and the trial is still at a crucial stage. The petitioner has also not placed on record any cogent medical document to substantiate his plea of ons, the statutory embargo contained in Section 37 of the NDPS Act, the gravity of the offence, and the possibility of influencing witnesses if released on bail, this Court is of the considered view that regular bail. Accordingly, the TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document CRM-M-20980- 10. However, it is clarified that any observation made herein is only for the purpose of deciding the present petitions and shall not be construed as an expression on the merits of 11. All pending miscellaneous application(s), if any, stands disposed o February 23, 202 tripti Whether speaking/non Whether reportable -2025 (O&M) However, it is clarified that any observation made herein is only for the purpose of deciding the present petitions and shall not be construed as an expression on the merits of the case at trial. All pending miscellaneous application(s), if any, stands disposed o , 2026 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- However, it is clarified that any observation made herein is only for the purpose of deciding the present petitions and shall not be construed as an All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE However, it is clarified that any observation made herein is only for the purpose of deciding the present petitions and shall not be construed as an f. TRIPTI SAINI 2026.02.23 17:10 I attest to the accuracy and integrity of this document