CRM-M-46007- 113 IN THE HIGH COURT OF PUNJAB AND HARYANA Sukhwinder Singh @ Sukhi State of Punjab CORAM : HON'BLE MS Present: Mr. Vipin Mahajan, Sr. Advocate with Ms. Gaganbir Kaur Kahlon MANDEEP PANNU J. 1. This is the first petition filed Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to the petitioner in case arising out of FIR No. 11 dated 02.02.2025, registered under Sections 21(c), 23 and 29 of the NDPS Act, 1985 and Sections 10, Air Craft Act, 1934, at Police Station Kalanaur, District Gurdaspur, Punjab. 2. As per the prosecution version, on 01.02.2025 at about 4:57 PM, Head Constable Azfarul Haque of 27 Battalion BSF, BOP Chandu Wadala, while on duty, heard a humming sound of a drone in the depth area near the border. Upon noticing the suspicious sound, the BSF team moved towards the direction of the drone. It is alleged that at about 5:15 PM, the suspected drone dropped a packet at the spot, whereupon the BSF p present accused Sukhwinder Singh @ Sukhi along with co Singh present there under suspicious circumstances. apprehended on the spot, and upon checking, they were allegedly foun -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Sukhwinder Singh @ Sukhi VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Vipin Mahajan, Sr. Advocate with Ms. Gaganbir Kaur Kahlon, Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) This is the first petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to the petitioner in case arising out of FIR No. 11 dated 02.02.2025, registered under Sections 21(c), 23 and 29 of the NDPS Act, 1985 and Sections 10, Air Craft Act, 1934, at Police Station Kalanaur, District Gurdaspur, Punjab. As per the prosecution version, on 01.02.2025 at about 4:57 PM, Head Constable Azfarul Haque of 27 Battalion BSF, BOP Chandu Wadala, while on umming sound of a drone in the depth area near the border. Upon noticing the suspicious sound, the BSF team moved towards the direction of the drone. It is alleged that at about 5:15 PM, the suspected drone dropped a packet at the spot, whereupon the BSF personnel rushed to the location and found the present accused Sukhwinder Singh @ Sukhi along with co Singh present there under suspicious circumstances. apprehended on the spot, and upon checking, they were allegedly foun -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46007-2025 (O&M) Date of Decision : 23.02.2026 ....Petitioner ....Respondent MANDEEP PANNU Mr. Vipin Mahajan, Sr. Advocate with , Advocate for the petitioner. under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to the petitioner in case arising out of FIR No. 11 dated 02.02.2025, registered under Sections 21(c), 23 and 29 of the NDPS Act, 1985 and Sections 10, 11 and 12 of the Air Craft Act, 1934, at Police Station Kalanaur, District Gurdaspur, Punjab. As per the prosecution version, on 01.02.2025 at about 4:57 PM, Head Constable Azfarul Haque of 27 Battalion BSF, BOP Chandu Wadala, while on umming sound of a drone in the depth area near the border. Upon noticing the suspicious sound, the BSF team moved towards the direction of the drone. It is alleged that at about 5:15 PM, the suspected drone dropped a packet at ersonnel rushed to the location and found the present accused Sukhwinder Singh @ Sukhi along with co-accused Amandeep Singh present there under suspicious circumstances. Both persons were apprehended on the spot, and upon checking, they were allegedly found in under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to the petitioner in case arising out of FIR No. 11 dated 02.02.2025, registered under 11 and 12 of the As per the prosecution version, on 01.02.2025 at about 4:57 PM, Head Constable Azfarul Haque of 27 Battalion BSF, BOP Chandu Wadala, while on umming sound of a drone in the depth area near the border. Upon noticing the suspicious sound, the BSF team moved towards the direction of the drone. It is alleged that at about 5:15 PM, the suspected drone dropped a packet at ersonnel rushed to the location and found the accused Amandeep Both persons were d in TRIPTI SAINI 2026.02.23 16:22 I attest to the accuracy and integrity of this document CRM-M-46007- possession of a packet containing 550 grams of heroin. The information regarding the recovery was immediately conveyed to the concerned police station. The case of the prosecution is that the said heroin was smuggled through a drone from across the International Border and that the accused/ conscious possession of the recovered contraband at the time of apprehension. 3. It is contended by learned counsel for the petitioner that the alleged recovery was effected from agricultural packet and that the said fields do not belong to the petitioner but belong to one Harbhajan Singh. On this basis, it is argued that since the land in question is not owned or possessed by the petitioner, he cannot be for the alleged recovery, and thus he deserves the concession of regular bail. 4. Notice of motion. 5. Mr. Sahil Chowdhary, AAG Punjab accepts notice on behalf of the respondent –State have been levelled against the that he was found in possession of heroin of commercial quantity and is involved in a case of cross which is a grave and serious offence affecting national security. It is further submitted that the petitioner has undergone custody of only about one year and twenty days and that the main prosecution witnesses are yet to be examined. Therefore, in view of the seriousness of allegations and stage of trial, the petitioner does not deserve the concession of bail. 6. Having heard learned counsel for the parties and after perusal of the record, this Court finds no merit in the present petition. Even if, for the sake of argument, it is assumed that the fields in question belong to Harbhajan Singh, still -2025 (O&M) possession of a packet containing 550 grams of heroin. The information regarding the recovery was immediately conveyed to the concerned police station. The case of the prosecution is that the said heroin was smuggled through a drone from ternational Border and that the accused/ conscious possession of the recovered contraband at the time of apprehension. It is contended by learned counsel for the petitioner that the alleged recovery was effected from agricultural fields where the drone had dropped the packet and that the said fields do not belong to the petitioner but belong to one Harbhajan Singh. On this basis, it is argued that since the land in question is not owned or possessed by the petitioner, he cannot be for the alleged recovery, and thus he deserves the concession of regular bail. Notice of motion. Mr. Sahil Chowdhary, AAG Punjab accepts notice on behalf of the State. He opposes the petition and submit have been levelled against the present petitioner Sukhwinder Singh. It is argued that he was found in possession of heroin of commercial quantity and is involved in a case of cross-border smuggling through drone near the Internat which is a grave and serious offence affecting national security. It is further submitted that the petitioner has undergone custody of only about one year and twenty days and that the main prosecution witnesses are yet to be examined. re, in view of the seriousness of allegations and stage of trial, the petitioner does not deserve the concession of bail. Having heard learned counsel for the parties and after perusal of the record, this Court finds no merit in the present petition. Even if, for the sake of argument, it is assumed that the fields in question belong to Harbhajan Singh, still -2- possession of a packet containing 550 grams of heroin. The information regarding the recovery was immediately conveyed to the concerned police station. The case of the prosecution is that the said heroin was smuggled through a drone from ternational Border and that the accused/petitioner was found in conscious possession of the recovered contraband at the time of apprehension. It is contended by learned counsel for the petitioner that the alleged fields where the drone had dropped the packet and that the said fields do not belong to the petitioner but belong to one Harbhajan Singh. On this basis, it is argued that since the land in question is not owned or possessed by the petitioner, he cannot be fastened with criminal liability for the alleged recovery, and thus he deserves the concession of regular bail. Mr. Sahil Chowdhary, AAG Punjab accepts notice on behalf of the opposes the petition and submits that serious allegations petitioner Sukhwinder Singh. It is argued that he was found in possession of heroin of commercial quantity and is involved border smuggling through drone near the International Border, which is a grave and serious offence affecting national security. It is further submitted that the petitioner has undergone custody of only about one year and twenty days and that the main prosecution witnesses are yet to be examined. re, in view of the seriousness of allegations and stage of trial, the petitioner Having heard learned counsel for the parties and after perusal of the record, this Court finds no merit in the present petition. Even if, for the sake of argument, it is assumed that the fields in question belong to Harbhajan Singh, still possession of a packet containing 550 grams of heroin. The information regarding the recovery was immediately conveyed to the concerned police station. The case of the prosecution is that the said heroin was smuggled through a drone from was found in It is contended by learned counsel for the petitioner that the alleged fields where the drone had dropped the packet and that the said fields do not belong to the petitioner but belong to one Harbhajan Singh. On this basis, it is argued that since the land in question is not fastened with criminal liability Mr. Sahil Chowdhary, AAG Punjab accepts notice on behalf of the s that serious allegations petitioner Sukhwinder Singh. It is argued that he was found in possession of heroin of commercial quantity and is involved ional Border, which is a grave and serious offence affecting national security. It is further submitted that the petitioner has undergone custody of only about one year and twenty days and that the main prosecution witnesses are yet to be examined. re, in view of the seriousness of allegations and stage of trial, the petitioner Having heard learned counsel for the parties and after perusal of the record, this Court finds no merit in the present petition. Even if, for the sake of argument, it is assumed that the fields in question belong to Harbhajan Singh, still TRIPTI SAINI 2026.02.23 16:22 I attest to the accuracy and integrity of this document CRM-M-46007- there are specifi with his co-accused, was apprehended at the spot and upon his search the aforesaid contraband was recovered. Thus, the recovery is attributed directly to the petitioner and not merely to commercial quantity, which attracts the rigours of the NDPS Act. Furthermore, material prosecution witnesses are yet to be examined and the trial is still at a crucial stage. 7. Considering t restrictions applicable to offences involving commercial quantity, and the stage of trial, no ground is made out to grant regular bail to the petitioner. Accordingly, the present regular bail applica 8. 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 9. All pending miscellaneous app February 23, 202 tripti Whether speaking/non Whether reportable -2025 (O&M) there are specific and direct allegations that the petitioner Sukhwinder Singh, along accused, was apprehended at the spot and upon his search the aforesaid contraband was recovered. Thus, the recovery is attributed directly to the petitioner and not merely to the place of occurrence. The quantity allegedly recovered is a commercial quantity, which attracts the rigours of the NDPS Act. Furthermore, material prosecution witnesses are yet to be examined and the trial is still at a Considering the gravity of allegations, nature of recovery, statutory restrictions applicable to offences involving commercial quantity, and the stage of trial, no ground is made out to grant regular bail to the petitioner. Accordingly, the present regular bail application stands dismissed. 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 -3- c and direct allegations that the petitioner Sukhwinder Singh, along accused, was apprehended at the spot and upon his search the aforesaid contraband was recovered. Thus, the recovery is attributed directly to the petitioner the place of occurrence. The quantity allegedly recovered is a commercial quantity, which attracts the rigours of the NDPS Act. Furthermore, material prosecution witnesses are yet to be examined and the trial is still at a he gravity of allegations, nature of recovery, statutory restrictions applicable to offences involving commercial quantity, and the stage of trial, no ground is made out to grant regular bail to the petitioner. Accordingly, the tion stands dismissed. 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 lication(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE c and direct allegations that the petitioner Sukhwinder Singh, along accused, was apprehended at the spot and upon his search the aforesaid contraband was recovered. Thus, the recovery is attributed directly to the petitioner the place of occurrence. The quantity allegedly recovered is a commercial quantity, which attracts the rigours of the NDPS Act. Furthermore, material prosecution witnesses are yet to be examined and the trial is still at a he gravity of allegations, nature of recovery, statutory restrictions applicable to offences involving commercial quantity, and the stage of trial, no ground is made out to grant regular bail to the petitioner. Accordingly, the 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 16:22 I attest to the accuracy and integrity of this document