CRM-M- IN 298(2) Lakhwinde v. State of Pun CORAM: Present: AARADHN 1. 22.09.2024 Drugs and 29 of NDP Moga, has bail. 2. noticed her information raid was c had disclo -46270-2025 -1 IN THE HIGH COURT OF PUNJA CHANDIGA winder Singh @ Lakhu of Punjab AM: HON’BLE MS. JUSTICE AA Mr. Ruhani Chadha, Advocate Mr. Gautam Thapar, Senior DA **** ADHNA SAWHNEY, J. (Oral) Petitioner, who is an accuse .2024, registered against him under s and Psychotropic Substance Act (in f NDPS Act added later on, at Polic a, has filed the present petition under S Relevant facts as emerging fr ed hereinbelow:- As per the case set up by pr ation received by police team heade as conducted at the house of co-ac isclosed that Thakur Singh, his 1- PUNJAB AND HARYANA AT DIGARH CRM-M-46270-2025 Date of Decision: 12.02.2026 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. vocate for the petitioner. nior DAG, Punjab. accused in case FIR No. 123 date under Sections 21, 22, 27 of Narcot ct (in short “NDPS Act”) and Sectio t Police Station Kot Ise Khan, Distri under Section 483 of BNSS for grant o ging from the documents on record b y prosecution, on the basis of secr eaded by ASI Raghvinder Prashad, accused Thakur Singh. Informa his wife Veer Kaur and their so .2026 dated arcotic Section District grant of cord be secret had, a rmant ir son GURBACHAN SINGH 2026.02.16 10:15 I attest to the accuracy and integrity of this document CRM-M- Lakhwinde intoxicants several per Thakur Sin house of T tablets wer of disclosu nominated contraband Lakhwinde custody in Lakhwinde with status was extend Court vide Judge, Spec application bail. 3. been falsely fact that ev moved a de Chief Mini -46270-2025 -2 inder Singh @ Lakhu (present pe ants. Thakur Singh is himself a dru l persons. Relying on the informa r Singh were raided. It is further the of Thakur Singh, 10 grams ‘Heroi were recovered. The same were tak losure statement of Thakur Singh, o ated as co-accused, who as per band. It is further the case of winder Singh (present petitioner) wa dy in some other case. Details of t winder Singh have been mentioned i status report filed in CRM-M-71900- It has been noticed that co- extended the benefit of pre-arrest bai t vide order dated 06.03.2025 passed in Petitioner moved an applicat e, Special Court, Moga, vide order da cation. Aggrieved of which, present p Learned counsel for the petit falsely implicated in the present case that even prior to the registration of d a detailed representation against th f Minister, Punjab, highlighting their p 2- t petitioner) are habitual of sellin a drug addict and has spoiled lives rmation, the residential premises r the case of prosecution that from th eroin; and 50 loose white coloure e taken into possession. On the bas gh, one Rajwinder Kaur @ Rajji wa per Thakur Singh had supplied th e of prosecution that on 7.2.202 was arrested and while he was ls of the three cases registered again oned in Annexure R-3 appended alon -2025. -accused Rajwinder Kaur @ Raj est bail by a Coordinate Bench of th ssed in CRM-M-58418-2024. pplication for grant of bail. Learne der dated 11.8.2025, dismissed the sa esent petition has been filed for grant o e petitioner submits that petitioner ha t case. The same is apparent from th ion of the present case, petitioner ha the local police officials before th their partisan conduct. It is further th selling ives of ses of om the loured basis was d the .2.2025, was in against d along @ Rajji of this Learned the said grant of ner has rom the ner had fore the rther the GURBACHAN SINGH 2026.02.16 10:15 I attest to the accuracy and integrity of this document CRM-M- submission personal po site of alle contends th fact that de make any proceeding plausible e the submis implicated favour, for been filed, quite remot Thus, when incarceratio be violativ including “Bail is allowing th 4. submission the house tablets (con within the NDPS Act -46270-2025 -3 ission of learned counsel that nothin nal possession of petitioner, who wa alleged recovery (house of the peti nds that falsity of the case set up by despite having received a secret in any effort to join any independent eedings. Even the statutory formalit ible explanation is forthcoming for th ubmission of learned counsel that p icated in the present case, deserves a , for investigations in the present c filed, but the likelihood of the trial bei remote as out of 20 prosecution witne when viewed in the light of factual ceration would not serve any useful pu iolative of his rights under Article right to speedy trial but would a general rule and incarceratio the petition has been made. Per contra, learned State issions raised by learned counsel for ouse of petitioner, 10 grams of ‘Hero (containing Sale Etizolam) weighin the ambit of ‘commercial quantity’. S Act are attracted which bar the 3- nothing has been recovered from th ho was not even apprehended from th he petitioner). Learned counsel furth up by prosecution is apparent from th cret information, the police team did n ndent person as a witness to the cas rmalities were not complied with. for this procedural lapses It is furth that petitioner, who has been false rves a lenient view to be taken in h sent case are complete as challan ha rial being completed in the near future n witnesses only 2 have been examine actual scenario as above, his (P) furth eful purpose as the same would not on rticle 21 of the Constitution of Indi would also be against the principle ration is an exception”. Prayer te counsel while opposing for the petitioner, submits that fro ‘Heroin’ and 50 loose white coloure eighing 6.95 grams in all, which fal ntity’. Thus, the rigors of Section 37 o r the grant of bail, unless the tw rom the m the l further rom the did not the case ith. No further falsely n in his llan has future is amined. ) further only India, ciple of for the from oloured falls n 37 of he twin GURBACHAN SINGH 2026.02.16 10:15 I attest to the accuracy and integrity of this document CRM-M- conditions has been pr 5. documents 6. appropriate titled as Sh of 2024, de

 
 
 -46270-2025 -4 itions prescribed in the provision are s een prayed for. Heard learned counsel for ments on record. Before proceeding to discuss opriate to refer to judgment of Hon’b Shambu Lal Gurjar Vs. State of , decided on 23.04.2024, it was held
                    !"#$  %%%(      ) * ()  +   , (  )     #  (  *              ,            (-     
         
    

  
   4- n are satisfied. Dismissal of the petitio for the parties and perused scuss the rival contentions, it would b Hon’ble Supreme Court wherein cas e of Rajasthan, SLP Criminal 1667 as held as under:-                       %&'%%&       &                             &+                 !  " #    
      
  
          petition the ould be ein case 16671       &               #  
   GURBACHAN SINGH 2026.02.16 10:15 I attest to the accuracy and integrity of this document CRM-M-  !"#  
 
 

     
         (
.    ($         


 
 
 7. been notice learned cou the possess custody sin has been fi -46270-2025 -5 "#$"%   

(
) 2 . / - /    $%&&%
  ' '  
 
    
 
  ) 
   0  .  $%&&%'(   
 4
 #
'

  *+,  !" .

   
2 . .! /-  ($)$*+,,* -+'()  ) *                     2  


        
 4   
  Factual aspect of the case le noticed in para 2 of the order. In v ed counsel for the petitioner, the fact ossession of petitioner, who was not a dy since 7.2.2025, for investigations q een filed, but since out of 20 prosecu 5- 
      &  
  - /  !  "#     
       *3-.*01  !#    
  
   !  " #
      




  
 5  "#$"% -  
        ,  0!  " 1!2!  ) .# *                            ( 

        '   /0  !# 1 
 
    
   ) ase leading to the lodging of FIR ha In view of submissions advanced b e fact that nothing was recovered fro s not arrested at the site, but has been tions qua him are complete and challa rosecution witnesses, only 2 have bee '  # 
 #  
    
    
  ) !             
  FIR has nced by ed from been in challan ve been GURBACHAN SINGH 2026.02.16 10:15 I attest to the accuracy and integrity of this document CRM-M- examined t quite remot 6)  is 
  to the satis petitioner s -46270-2025 -6 ined till date, thus, possibility of comp remote, lenient view is taken in favou $ 
  '     concession of bail subject to e satisfaction of learned trial Court/ ioner shall abide by the following cond             *    *  (        (             (          0    *  (                   (                         *            (                *                          *         0     *  !  2 6- completion of trial in the near future favour of petitioner.  
   
' petition ject to his furnishing bail/surety bond Court/Duty Magistrate concerned. Th g conditions:-                           /      *   0                       1                   (                                        (  2         future is etitioner y bonds ed. The                        (            GURBACHAN SINGH 2026.02.16 10:15 I attest to the accuracy and integrity of this document CRM-M- 9. that in case at liberty t order. 10. herein are l construed a independen 12.02.2026 gbs -46270-2025 -7     Accordingly, the present petiti in case there is any breach of the afore erty to seek cancellation of bail as In view of the above, it is cla n are limited for the purpose of prese trued as an opinion on the merits of the endently of the aforesaid observations .2026 Whether Speaking/reasoned Whether Reportable 7-       t petition is allowed and it is made cle e aforesaid conditions, the State shall b ail as granted to the petitioner by th t is clarified that the observations mad f present proceedings and would not b s of the case and the trial would procee ations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No ( de clear shall be by this ns made d not be proceed NEY) GURBACHAN SINGH 2026.02.16 10:15 I attest to the accuracy and integrity of this document