CRM-M-70992- IN THE HIGH COURT OF PUNJAB AND HARYANA Jashandeep Singh State of Punjab CORAM : HON'BLE MS. JUSTICE Present: Mr. (through V.C) Mr. MANDEEP PANNU J. 1. This is the first petition filed under Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, registered under Sections 21 29 and 25 of the NDPS Act, 1985 and Section 111 of the Bharatiy 2023 at Police Station Cantonment, Amritsar. 2. As per the case of the prosecution, on 08.04.2025, ASI Tej along with other police officials was present near the back gate of Guru Nanak Dev University in connection with VIP duty accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other associate, who were allegedly involved in the illegal business of arms and ammunition, were travelling from India Gate towards Verka Dzire car bearing registration No. DL taken they could be apprehended red reliable, the police party acted promptly and chased the said vehicle, whereupon the aforesaid accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Jashandeep Singh Versus HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Angel Walia, Advocate for the petitioner (through V.C) Mr. Sahil Chowdhary, AAG Punjab. -.- MANDEEP PANNU J. (Oral) This is the first petition filed under Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, registered under Sections 21 29 and 25 of the NDPS Act, 1985 and Section 111 of the Bharatiy 2023 at Police Station Cantonment, Amritsar. As per the case of the prosecution, on 08.04.2025, ASI Tej along with other police officials was present near the back gate of Guru Nanak Dev University in connection with VIP duty when he received secret information that accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other associate, who were allegedly involved in the illegal business of arms and ammunition, were travelling from India Gate towards Verka Dzire car bearing registration No. DL-6-CP-5246 and that if immediate action was taken they could be apprehended red-handed. Treating the information to be reliable, the police party acted promptly and chased the said vehicle, whereupon d accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-70992-2025 (O&M) Date of Decision : 23.02.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. Sahil Chowdhary, AAG Punjab. This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, registered under Sections 21 29 and 25 of the NDPS Act, 1985 and Section 111 of the Bharatiya Nyaya Sanhita, As per the case of the prosecution, on 08.04.2025, ASI Tejvir Singh along with other police officials was present near the back gate of Guru Nanak Dev when he received secret information that accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other associate, who were allegedly involved in the illegal business of arms and ammunition, were travelling from India Gate towards Verka Byepass in a Swift 5246 and that if immediate action was handed. Treating the information to be reliable, the police party acted promptly and chased the said vehicle, whereupon d accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in case arising out of FIR No. 52 dated 08.04.2025, registered under Sections 21-C, a Nyaya Sanhita, ir Singh along with other police officials was present near the back gate of Guru Nanak Dev when he received secret information that accused Manpreet Singh @ Mota, Jashanpreet Singh @ Raja and one other associate, who were allegedly involved in the illegal business of arms and Swift 5246 and that if immediate action was handed. Treating the information to be reliable, the police party acted promptly and chased the said vehicle, whereupon d accused persons, namely Manpreet Singh @ Mota, Jashandeep Singh TRIPTI SAINI 2026.02.24 15:35 I attest to the accuracy and integrity of this document CRM-M-70992- @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams o heroin was effected from them. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and that no recovery has been effected from his conscious possession. It is argued that the contraband was recovered from the co Manpreet Singh @ Mota that the mandatory that the petitioner has clean antecedents and is in custody since 08.04.2025. further submits that the trial is likely to take considerable time to conclude. He, therefore, prays that the prese 4. Per contra that the recovery of 316 grams of heroin constitutes commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act are at that the petitioner was driving the vehicle in which the contraband was being transported, thereby indicating his active participation and conscious involvement in the commission of the offence. The investigation, prima facie, reve between the petitioner and co 5. I have heard learned counsel for the parties and have perused the record. 6. The recovery effected in the present case is 316 grams of heroin, which falls within the category of c effected from the lap of co beside the petitioner, who contraband was being transported. The role attributed to the merely that of a passive occupant, -2025 (O&M) @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams o heroin was effected from them. Learned counsel for the petitioner submits that the petitioner has been mplicated and that no recovery has been effected from his conscious possession. It is argued that the contraband was recovered from the co Manpreet Singh @ Mota and not from the present that the mandatory provisions of the NDPS Act have not been complied with and that the petitioner has clean antecedents and is in custody since 08.04.2025. further submits that the trial is likely to take considerable time to conclude. He, therefore, prays that the present petitioner be released on regular bail. Per contra, learned State counsel opposes the petition on the ground that the recovery of 316 grams of heroin constitutes commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act are at that the petitioner was driving the vehicle in which the contraband was being transported, thereby indicating his active participation and conscious involvement in the commission of the offence. The investigation, prima facie, reve between the petitioner and co-accused in illegal trafficking. I have heard learned counsel for the parties and have perused the The recovery effected in the present case is 316 grams of heroin, which falls within the category of commercial quantity. Though the recovery was effected from the lap of co-accused – Manpreet Singh @ Mota beside the petitioner, who was admittedly driving the vehicle in which the contraband was being transported. The role attributed to the rely that of a passive occupant, rather, he was in control of the vehicle used for -2- @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams o Learned counsel for the petitioner submits that the petitioner has been mplicated and that no recovery has been effected from his conscious possession. It is argued that the contraband was recovered from the co-accused present petitioner. It is further contended provisions of the NDPS Act have not been complied with and that the petitioner has clean antecedents and is in custody since 08.04.2025. further submits that the trial is likely to take considerable time to conclude. He, nt petitioner be released on regular bail. , learned State counsel opposes the petition on the ground that the recovery of 316 grams of heroin constitutes commercial quantity and, therefore, the rigours of Section 37 of the NDPS Act are attracted. It is submitted that the petitioner was driving the vehicle in which the contraband was being transported, thereby indicating his active participation and conscious involvement in the commission of the offence. The investigation, prima facie, reveals nexus accused in illegal trafficking. I have heard learned counsel for the parties and have perused the The recovery effected in the present case is 316 grams of heroin, ommercial quantity. Though the recovery was Manpreet Singh @ Mota, who was sitting was admittedly driving the vehicle in which the contraband was being transported. The role attributed to the petitioner is not rather, he was in control of the vehicle used for @ Raja and Dilsher Singh, were apprehended and a recovery of 316 grams of Learned counsel for the petitioner submits that the petitioner has been mplicated and that no recovery has been effected from his conscious accused – petitioner. It is further contended provisions of the NDPS Act have not been complied with and He further submits that the trial is likely to take considerable time to conclude. He, , learned State counsel opposes the petition on the ground that the recovery of 316 grams of heroin constitutes commercial quantity and, tracted. It is submitted that the petitioner was driving the vehicle in which the contraband was being transported, thereby indicating his active participation and conscious involvement als nexus I have heard learned counsel for the parties and have perused the The recovery effected in the present case is 316 grams of heroin, ommercial quantity. Though the recovery was who was sitting was admittedly driving the vehicle in which the petitioner is not rather, he was in control of the vehicle used for TRIPTI SAINI 2026.02.24 15:35 I attest to the accuracy and integrity of this document CRM-M-70992- transportation of commercial quantity of narcotics. At this stage, such circumstances prima facie indicate his conscious involvement in the alleged offence, particularly in view of the provisions of Section 29 of the NDPS Act relating to criminal conspiracy and abetment. 7. In cases involving commercial quantity, Section 37 of the NDPS Act places a statutory embargo on the grant of bail unless the Court there are reasonable grounds to believe that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. At this stage, this Court is unable to record such satisfaction. The contentions regardin compliance of mandatory provisions and false implication are matters of evidence to be adjudicated during trial. 8. Considering the seriousness of the allegations, the commercial quantity of contraband involved, and the specific role attributed to the driver of the vehicle used for transportation, this Court does not find any ground to grant the concession of regular bail. dismissed. 9. However, nothing observed herein shall be construed as an of opinion on the merits of the case, and the trial Court shall decide the matter independently on the basis of evidence led before it. 10. Pending application(s), if any, also stand disposed of. February 23, 2026 tripti Whether speaking/non Whether reportable -2025 (O&M) transportation of commercial quantity of narcotics. At this stage, such circumstances prima facie indicate his conscious involvement in the alleged nce, particularly in view of the provisions of Section 29 of the NDPS Act relating to criminal conspiracy and abetment. In cases involving commercial quantity, Section 37 of the NDPS Act places a statutory embargo on the grant of bail unless the Court there are reasonable grounds to believe that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. At this stage, this Court is unable to record such satisfaction. The contentions regardin compliance of mandatory provisions and false implication are matters of evidence to be adjudicated during trial. Considering the seriousness of the allegations, the commercial quantity of contraband involved, and the specific role attributed to the driver of the vehicle used for transportation, this Court does not find any ground to grant the concession of regular bail. Consequently, the present petition is However, nothing observed herein shall be construed as an of opinion on the merits of the case, and the trial Court shall decide the matter independently on the basis of evidence led before it. Pending application(s), if any, also stand disposed of. , 2026 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- transportation of commercial quantity of narcotics. At this stage, such circumstances prima facie indicate his conscious involvement in the alleged nce, particularly in view of the provisions of Section 29 of the NDPS Act In cases involving commercial quantity, Section 37 of the NDPS Act places a statutory embargo on the grant of bail unless the Court is satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. At this stage, this Court is unable to record such satisfaction. The contentions regarding non compliance of mandatory provisions and false implication are matters of evidence Considering the seriousness of the allegations, the commercial quantity of contraband involved, and the specific role attributed to the petitioner as the driver of the vehicle used for transportation, this Court does not find any Consequently, the present petition is However, nothing observed herein shall be construed as an expression of opinion on the merits of the case, and the trial Court shall decide the matter independently on the basis of evidence led before it. Pending application(s), if any, also stand disposed of. (MANDEEP PANNU) JUDGE speaking : Speaking : Yes/No transportation of commercial quantity of narcotics. At this stage, such circumstances prima facie indicate his conscious involvement in the alleged nce, particularly in view of the provisions of Section 29 of the NDPS Act In cases involving commercial quantity, Section 37 of the NDPS Act is satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence and that he is not likely to commit any offence while on bail. At this stage, this g non- compliance of mandatory provisions and false implication are matters of evidence Considering the seriousness of the allegations, the commercial the petitioner as the driver of the vehicle used for transportation, this Court does not find any Consequently, the present petition is expression of opinion on the merits of the case, and the trial Court shall decide the matter TRIPTI SAINI 2026.02.24 15:35 I attest to the accuracy and integrity of this document