IN THE HIGH COURT OF PUNJAB & HARYANA AT 248 Lakshmi @Lakshmi Devi State of Punjab [ CORAM: Present : SURYA PARTAP SINGH petitioner. The same be taken on record. the State. However, petition. 2. petitioner under Section 483 of 2023’. It has been filed 30.05.2025, under Sections 21(b), 21( Psychotropic and Section 25 of Arms Act, Gurdaspur. as withdrawn, vide order dated 13.03.2026. CRM-M-32394-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Lakshmi @Lakshmi Devi VERSUS State of Punjab CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Mr. Hitesh Chopra and Mr. Amit Kumar for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab ***** SURYA PARTAP SINGH, J. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. . However, the learned State Counsel has orally oppose This petition for bail is the petitioner under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita has been filed with regard to a case arising out of 30.05.2025, under Sections 21(b), 21(c) and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’ and Section 25 of Arms Act, Police Station Gurdaspur. The first petition for bail, filed by the petitioner, was dismissed as withdrawn, vide order dated 13.03.2026. 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-32394-2026 (O&M) Date of decision : 21.07.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH Hitesh Chopra and Mr. Amit Kumar, Advocates Mr. I.P.S. Sabharwal, DAG, Punjab. ***** Counsel has filed custody certificate of the No formal reply has been filed by the learned State Counsel has orally opposed the present the second petition, filed by the Bharatiya Nagarik Suraksha Sanhita case arising out of FIR No.67 dated c) and 27-A of Narcotic Drugs and Substances Act, hereinafter being referred to as ‘NDPS Act’ Police Station Sadar Gurdaspur, District The first petition for bail, filed by the petitioner, was dismissed as withdrawn, vide order dated 13.03.2026. (O&M) .2026 Petitioner ..... Respondent Counsel has filed custody certificate of the o formal reply has been filed by the present filed by the Bharatiya Nagarik Suraksha Sanhita, dated Narcotic Drugs and Substances Act, hereinafter being referred to as ‘NDPS Act’, , District The first petition for bail, filed by the petitioner, was dismissed GAURAV THAKUR 2026.07.22 09:45 I attest to the accuracy and integrity of this document 3. Surjit Singh’, team of police officials, deputed for patrolling duty, two persons together, abovementioned two persons were carried out from the possession of one of them, namely 4. abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up. 5. investigation, statement, wherein they disclosed that supplied to them by ‘Lakshmi’ As per prosecution, thereafter both the above and from their possession, 265 gms of Heroin, drug money of Rs.27,500/ one pistol, five bullets 6. 7. the petitioner time of arrest of the petitioner, requisite formalities and instructions were not followed by the Investigating Officer. It has also been contended by learned CRM-M-32394-2026 (O&M) 2 The abovementioned FIR came into being at the instance of ‘ Singh’, who had reported that on 30.05.2025, team of police officials, deputed for patrolling duty, two persons, namely ‘Rakesh Kumar’ and were apprehended. According to prosecution, when search of abovementioned two persons were carried out from the possession of one of namely ‘Rakesh Kumar’, 30 gram of Heroin was recovered. It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up. It is the case of the prosecution that during the course of investigation, the above-named accused suffered their respective disclosure statement, wherein they disclosed that the abovementioned contraband was supplied to them by ‘Lakshmi’ (the petitioner h As per prosecution, thereafter both the above and from their possession, 265 gms of Heroin, drug money of Rs.27,500/ one pistol, five bullets and one electronic weighing scale were recovered Heard. It has been contended by learned the petitioner has been falsely implicated in the present case, and that at the time of arrest of the petitioner, requisite formalities and instructions were not followed by the Investigating Officer. It has also been contended by learned 2 The abovementioned FIR came into being at the instance of ‘ 30.05.2025, when he was leading a team of police officials, deputed for patrolling duty, on the basis of suspicion , namely ‘Rakesh Kumar’ and ‘Manoj Kumar @Baba’, walking were apprehended. According to prosecution, when search of abovementioned two persons were carried out from the possession of one of 30 gram of Heroin was recovered. the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up. It is the case of the prosecution that during the course of named accused suffered their respective disclosure the abovementioned contraband was (the petitioner herein) and ‘Aman Kumar’. As per prosecution, thereafter both the above-named accused were arrested and from their possession, 265 gms of Heroin, drug money of Rs.27,500/ and one electronic weighing scale were recovered. It has been contended by learned counsel for the petitioner that has been falsely implicated in the present case, and that at the time of arrest of the petitioner, requisite formalities and instructions were not followed by the Investigating Officer. It has also been contended by learned The abovementioned FIR came into being at the instance of ‘SI leading a on the basis of suspicion walking were apprehended. According to prosecution, when search of abovementioned two persons were carried out from the possession of one of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were It is the case of the prosecution that during the course of named accused suffered their respective disclosure the abovementioned contraband was and ‘Aman Kumar’. named accused were arrested and from their possession, 265 gms of Heroin, drug money of Rs.27,500/-, . petitioner that has been falsely implicated in the present case, and that at the time of arrest of the petitioner, requisite formalities and instructions were not followed by the Investigating Officer. It has also been contended by learned GAURAV THAKUR 2026.07.22 09:45 I attest to the accuracy and integrity of this document counsel incarceration for a period of more than one year and one month 8. abovementioned arguments propounded by the Punjab V/s Balraj Singh @Billa’ 2026 SCC OnLine SC 1058 contended by learned State Counsel that in the present case, the quantity of contraband ambit of ‘commercial quantity’, conditions, enshrined under Section cannot be accorded to the 10. 11. the relevant factors which are required to be taken into consideration for a decision:- CRM-M-32394-2026 (O&M) 3 counsel for the petitioner that the petitioner incarceration for a period of more than one year and one month The learned State Counsel has controverted the abovementioned arguments. While relying upon the principles of law propounded by the Hon’ble Supreme Court of India Punjab V/s Balraj Singh @Billa’ 2026 SCC OnLine SC 1058 contended by learned State Counsel that in the present case, the quantity of contraband, recovered from the possession of petitioner ambit of ‘commercial quantity’, and therefore, conditions, enshrined under Section-37 of NDPS Act, the cannot be accorded to the petitioner. The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a - i. that the quantity of contraband found in possession of petitioner comes within the ambit of ‘commercial quantity’; ii. that in view of above, conditions, enshrined under Section petitioner cannot be accorded the benefit of bail; iii. that there is nothing on record to show that the petitioner has been successful in satisfying the enshrined under Section iv. that the total custody period of is one year and one month, which by any standard 3 the petitioner has already suffered incarceration for a period of more than one year and one month. The learned State Counsel has controverted the . While relying upon the principles of law Court of India in the case of ‘State of Punjab V/s Balraj Singh @Billa’ 2026 SCC OnLine SC 1058, it has been contended by learned State Counsel that in the present case, the quantity of from the possession of petitioner, comes within and therefore, without satisfying the twin 37 of NDPS Act, the benefit of bail The record has been perused carefully. record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a that the quantity of contraband found in possession of comes within the ambit of ‘commercial that in view of above, without satisfying the twin conditions, enshrined under Section-37 of NDPS Act, the petitioner cannot be accorded the benefit of bail; that there is nothing on record to show that the petitioner has been successful in satisfying the twin conditions, enshrined under Section-37 of NDPS Act; and that the total custody period of incarceration of petitioner is one year and one month, which by any standard cannot has already suffered The learned State Counsel has controverted the . While relying upon the principles of law ‘State of , it has been contended by learned State Counsel that in the present case, the quantity of within the satisfying the twin benefit of bail record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a that the quantity of contraband found in possession of comes within the ambit of ‘commercial without satisfying the twin 37 of NDPS Act, the that there is nothing on record to show that the petitioner twin conditions, petitioner cannot GAURAV THAKUR 2026.07.22 09:45 I attest to the accuracy and integrity of this document 12. abovementioned factors, but without commenting anything on the merits of the case, for bail, filed by the petitioner, is devoid of merit and deserves Hence, the same is hereby 13. shall not hav 14. disposed of, accordingly. 21.07.202 Gaurav Thakur CRM-M-32394-2026 (O&M) 4 be treated to be period of prolonged incarceration, inviting a presumption th petitioner has been violated. Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of it is hereby held that the present petition, which is second petition for bail, filed by the petitioner, is devoid of merit and deserves Hence, the same is hereby dismissed, accordingly However, it is clarified that the abovementioned observations shall not have any bearing on the merits of the case. Pending miscellaneous application(s), if any, also stand(s) disposed of, accordingly. 2026 Gaurav Thakur Whether speaking / reasoned Whether Reportable 4 be treated to be period of prolonged incarceration, inviting a presumption that right of speedy trial of the petitioner has been violated. Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of the present petition, which is second petition for bail, filed by the petitioner, is devoid of merit and deserves dismissal. , accordingly. it is clarified that the abovementioned observations on the merits of the case. Pending miscellaneous application(s), if any, also stand(s) (SURYA PARTAP SINGH) JUDGE speaking / reasoned Yes/No Yes/No be treated to be period of prolonged incarceration, at right of speedy trial of the Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of the present petition, which is second petition dismissal. it is clarified that the abovementioned observations Pending miscellaneous application(s), if any, also stand(s) ) GAURAV THAKUR 2026.07.22 09:45 I attest to the accuracy and integrity of this document