CRM-M-11718- 221 IN THE HIGH COURT OF PUNJAB AND HARYANA Amrit Singh alias Amar State of Punjab CORAM : HON'BLE MS Present: Mr. Ajay Kumar, Advocate Mr. Sukhwinder S. Dhillon, MANDEEP PANNU J. 1. This is the second petition for grant of FIR No. 55 dated 09.06.2024, registered under Sections 21, 27, 61 and 85 of the NDPS Act at Police Station Badhni Kalan, District Moga. 2. As per the allegations, 300 grams of heroin was recovered from the gear box of the Swift Pinka s/o Ranjit from a transparent polythene envelope lying near the gearbox of the car. The said quantity falls under the commercial quantity, therefore the petitioner is not entitled to the concession of bail. 3. Noti 4. On the asking of the Court, notice and opposes the bail application on the ground that commercial quantity of -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Amrit Singh alias Amar VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Ajay Kumar, Advocate, for Mr. Sukhwinder S. Dhillon, Advocate for the petitioner. -.- MANDEEP PANNU J. (Oral) This is the second petition for grant of FIR No. 55 dated 09.06.2024, registered under Sections 21, 27, 61 and 85 of the NDPS Act at Police Station Badhni Kalan, District Moga. As per the allegations, 300 grams of heroin was recovered from the e Swift car in which the petitioner along with co Ranjit Kumar was travelling. The contraband was allegedly recovered from a transparent polythene envelope lying near the gearbox of the car. The said quantity falls under the commercial quantity, therefore the petitioner is not entitled to the concession of bail. Notice of motion. On the asking of the Court, Mr. H.S.Wadhwa, DAG Punjab notice and opposes the bail application on the ground that commercial quantity of -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11718-2026 (O&M) Date of Decision : 10.03.2026 ....Petitioner ....Respondent MANDEEP PANNU Advocate for the petitioner. This is the second petition for grant of regular bail to the petitioner in FIR No. 55 dated 09.06.2024, registered under Sections 21, 27, 61 and 85 of the NDPS Act at Police Station Badhni Kalan, District Moga. As per the allegations, 300 grams of heroin was recovered from the car in which the petitioner along with co-accused Pritpal @ travelling. The contraband was allegedly recovered from a transparent polythene envelope lying near the gearbox of the car. The said quantity falls under the commercial quantity, therefore the petitioner is not entitled Mr. H.S.Wadhwa, DAG Punjab accepts notice and opposes the bail application on the ground that commercial quantity of regular bail to the petitioner in FIR No. 55 dated 09.06.2024, registered under Sections 21, 27, 61 and 85 of the As per the allegations, 300 grams of heroin was recovered from the accused Pritpal @ travelling. The contraband was allegedly recovered from a transparent polythene envelope lying near the gearbox of the car. The said quantity falls under the commercial quantity, therefore the petitioner is not entitled accepts notice and opposes the bail application on the ground that commercial quantity of TRIPTI SAINI 2026.03.10 18:38 I attest to the accuracy and integrity of this document CRM-M-11718- contraband has been recovered, therefore the petitioner should not be released on bail. A custody certificate has also been filed, which shows that the petitioner has remained in custody for one year, eight months and twenty 5. I have heard learned counsel for the parties and have gone through the record. 6. The petitioner is in custo twenty-five days. It is also a matter of record that the car from which the contraband was allegedly recovered is owned by co by the present petitioner. The quantity allegedly recover commercial quantity. It is further not disputed that eight prosecution witnesses have already been examined. 7. Further, a two Nandlal Mondal @ Abhay Mondal v. State of West Bengal, No.12788/2023, granted bail to the accused after 18 months of incarceration ground of delay in trial in an NDPS matter involving commercial contraband. 8. Considering the year, 8 months and 25 days, trial, this Court is of the view that no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. 9. In view of the is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. -2026 (O&M) contraband has been recovered, therefore the petitioner should not be released on tody certificate has also been filed, which shows that the petitioner has remained in custody for one year, eight months and twenty I have heard learned counsel for the parties and have gone through the The petitioner is in custody for the last one year, eight months and five days. It is also a matter of record that the car from which the contraband was allegedly recovered is owned by co by the present petitioner. The quantity allegedly recover commercial quantity. It is further not disputed that eight prosecution witnesses have already been examined. Further, a two-Judge Bench of the Hon’ble Supreme Court, in Nandlal Mondal @ Abhay Mondal v. State of West Bengal, , granted bail to the accused after 18 months of incarceration ground of delay in trial in an NDPS matter involving commercial Considering the fact that the petitioner is in custody for more than year, 8 months and 25 days, trial may take a long time to conclude trial, this Court is of the view that no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. In view of the above, the present petition is allowed and the petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate -2- contraband has been recovered, therefore the petitioner should not be released on tody certificate has also been filed, which shows that the petitioner has remained in custody for one year, eight months and twenty-five days. I have heard learned counsel for the parties and have gone through the dy for the last one year, eight months and five days. It is also a matter of record that the car from which the contraband was allegedly recovered is owned by co-accused Pritpal Singh and not by the present petitioner. The quantity allegedly recovered is marginally above the commercial quantity. It is further not disputed that eight prosecution witnesses Judge Bench of the Hon’ble Supreme Court, in Nandlal Mondal @ Abhay Mondal v. State of West Bengal, SLP (Crl.) , granted bail to the accused after 18 months of incarceration on the ground of delay in trial in an NDPS matter involving commercial quantity of fact that the petitioner is in custody for more than may take a long time to conclude and the stage of trial, this Court is of the view that no useful purpose would be served by keeping the petitioner behind bars for an indefinite period. the present petition is allowed and the petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate contraband has been recovered, therefore the petitioner should not be released on tody certificate has also been filed, which shows that the petitioner has I have heard learned counsel for the parties and have gone through the dy for the last one year, eight months and five days. It is also a matter of record that the car from which the accused Pritpal Singh and not ed is marginally above the commercial quantity. It is further not disputed that eight prosecution witnesses Judge Bench of the Hon’ble Supreme Court, in SLP (Crl.) on the quantity of fact that the petitioner is in custody for more than 01 and the stage of trial, this Court is of the view that no useful purpose would be served by keeping the present petition is allowed and the petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate TRIPTI SAINI 2026.03.10 18:38 I attest to the accuracy and integrity of this document CRM-M-11718- 10. However, it is made clea shall not be construed as an expression of opinion on the merits of the case. 11. All pending miscellaneous application(s), if any, shall also stand disposed of. March 10, 2026 tripti Whether speaking/non Whether reportable -2026 (O&M) However, it is made clear that any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, shall also stand Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- r that any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, shall also stand (MANDEEP PANNU) JUDGE r that any observation made hereinabove All pending miscellaneous application(s), if any, shall also stand TRIPTI SAINI 2026.03.10 18:38 I attest to the accuracy and integrity of this document