CRM CRM CRM CRM----M M M M----13274 13274 13274 13274---- 131 131 131 131 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Jagtar @ Kari Alias Jagtar Singh State of Punjab Date of decision: Date of decision: Date of decision: Date of decision: Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL the Bharatiya Nagarik Suraksha Sanhita, 2023 Section 439 of Cr. P.C.) bearing FIR No under Section Act, 1985 (for short ‘NDPS Act’) at Police Station 2. accused of being involved in an FIR pertaining to NDPS Act involving alleged recovery of 710 kgs. of poppy 3. in custody since ----2026 2026 2026 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CRM CRM CRM CRM----M M M M----13274 13274 13274 13274----2026 2026 2026 2026 Jagtar @ Kari Alias Jagtar Singh versus Punjab Date of decision: Date of decision: Date of decision: Date of decision: July 06 July 06 July 06 July 06, 2026 , 2026 , 2026 , 2026 Date of Uploading: Date of Uploading: Date of Uploading: Date of Uploading: July 06 July 06 July 06 July 06, 2026 , 2026 , 2026 , 2026 HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Ms. Manjot Kaur, Advocate for the petitioner Mr. Hemant Aggarwal, DAG Punjab ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition is the second attempt the Bharatiya Nagarik Suraksha Sanhita, 2023 Section 439 of Cr. P.C.) for grant of regular bail to the petitioner bearing FIR No.83 dated 10.06.2024, registered for the off under Sections 15 & 25 of the Narcotic Drugs and Psychotropic Substances (for short ‘NDPS Act’) (Section 29 of the NDPS Act added later on) at Police Station Lehra, District Sangrur. The gravamen of the FIR in question is that accused of being involved in an FIR pertaining to NDPS Act involving alleged recovery of 710 kgs. of poppy-husk. Learned counsel for the petitioner has in custody since 12.03.2025. Learned counsel has argued that 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH 2026 2026 2026 2026 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL for the petitioner. Mr. Hemant Aggarwal, DAG Punjab. is the second attempt filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (erstwhile for grant of regular bail to the petitioner, in case registered for the offences punishable Narcotic Drugs and Psychotropic Substances (Section 29 of the NDPS Act added later on), The gravamen of the FIR in question is that the petitioner is an accused of being involved in an FIR pertaining to NDPS Act involving alleged Learned counsel for the petitioner has iterated that the petitioner is Learned counsel has argued that the petitioner has 1111 Petitioner ….Respondent 483 of erstwhile in case ences punishable Narcotic Drugs and Psychotropic Substances , the petitioner is an accused of being involved in an FIR pertaining to NDPS Act involving alleged is the petitioner has MAHAVIR SINGH 2026.07.06 17:25 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----13274 13274 13274 13274----2026 2026 2026 2026 been falsely implicated into the FIR in question. Learned counsel has further submitted that somewhat similarly placed co-accused, namely, Lali Singh has been afforded concession of regular bail by the Hon’ble Supreme Court, vide order dated 25.03.2026 passed in Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) Special Leave to Appeal (Crl.) No(s).1899/2026 No(s).1899/2026 No(s).1899/2026 No(s).1899/2026. Thus, regular bail is prayed for. 4. Per contra, while raising submissions in tandem with the reply by way of an affidavit dated 18.04.2026 earlier filed on record, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner ought not to be extended concession of regular bail. However, on a pointed query, learned State counsel, assisted by Assistant Sub Inspector Prem Singh, it has not been disputed that the petitioner is similarly placed as co-accused, namely, Lali Singh who has been afforded concession of regular bail by the Hon’ble Supreme Court. Learned State counsel also seeks to place on record custody certificate dated 05.07.2026, in the Court today, which is taken on record. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The petitioner was arrested on 12.03.2025, whereinafter, investigation was carried out and challan qua the petitioner was presented on 07.04.2025. It is not in dispute that out of total 34 cited prosecution witnesses, 02 have been examined fully and 02 have been examined partly, till date. It is, thus, indubitable, that conclusion of the trial will take long. The rival contention raised at Bar give rise to debatable issues, which shall essentially be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the MAHAVIR SINGH 2026.07.06 17:25 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----13274 13274 13274 13274----2026 2026 2026 2026 likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. As per custody certificate dated 05.07.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 01 year, 03 months and 22 days. 6.2. Indubitably, the present petition is the second attempt by the petitioner to secure regular bail. The first petition was dismissed on merits thereof on 28.11.2025. However, keeping in view the entirety of the factual milieu of the case in hand; essentially the factum of co-accused (Lali Singh) having been afforded concession of regular bail by the Hon’ble Supreme Court; this Court is inclined to affirmatively consider the instant petition. A profitable reference, in this regard, can be made to a judgment of this Court passed in CRA CRA CRA CRA----SSSS----2332 2332 2332 2332----2023 2023 2023 2023 titled as Rafiq Khan versus State of Haryana and another Rafiq Khan versus State of Haryana and another Rafiq Khan versus State of Haryana and another Rafiq Khan versus State of Haryana and another; relevant whereof reads as under: ““““10. As an epilogue to the above discussion, the following principles emerge: I Second/successive regular bail petition(s) filed is maintainable in law & hence such petition ought not to be rejected solely on the ground of maintainability thereof. II. Such second/successive regular bail petition(s) is maintainable whether earlier petition was dismissed as withdrawn/dismissed as not pressed/dismissed for non-prosecution or earlier petition was dismissed on merits. III For the second/successive regular bail petition(s) to succeed, the petitioner/applicant shall be essentially/pertinently required to show substantial change in circumstances and showing of a mere superficial or ostensible change would not suffice. The metaphoric expression of seeking second/successive bail plea(s) ought not be abstracted into literal iterations of petition(s) without substantial, effective and consequential change in circumstances. IV No exhaustive guidelines can possibly be laid down as to what would constitute substantial change in circumstances as every case has its own unique facts/circumstance. Making such an attempt is nothing but an utopian endeavour. Ergo, this issue is best left to the judicial wisdom and discretion of the Court dealing with such second/successive regular bail petition(s). MAHAVIR SINGH 2026.07.06 17:25 I attest to the accuracy and authenticity of this order/ judgment 4444 CRM CRM CRM CRM----M M M M----13274 13274 13274 13274----2026 2026 2026 2026 V In case a Court chooses to grant second/successive regular bail petition(s), cogent and lucid reasons are pertinently required to be recorded for granting such plea despite such a plea being second/successive petition(s). In other words, the cause for a Court having successfully countenanced/entertained such second/successive petition(s) ought to be readily and clearly decipherable from the said order passed.”””” Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed allowed allowed allowed. Petitioner is ordered to be released on regular bail, if not required in any other case, on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed MAHAVIR SINGH 2026.07.06 17:25 I attest to the accuracy and authenticity of this order/ judgment 5555 CRM CRM CRM CRM----M M M M----13274 13274 13274 13274----2026 2026 2026 2026 hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE July 06 July 06 July 06 July 06, 2026 , 2026 , 2026 , 2026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.06 17:25 I attest to the accuracy and authenticity of this order/ judgment