CRM-M-48091- IN THE H (110) ARSHDEEP SIN STATE OF PUNJ CORAM: HON Present: Mr. Mr. R MANISHA BATR 1. The under Section 48 “BNSS”) for gran 24.04.2024 regist Psychotropic Subs 12 of Aircraft Act petition as filed by 2. As pe received at the con the co-accused Ra Pakistani smuggle -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH
P SINGH @ ARASHDEEP SINGH Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS Ruhani Chadha, Advocate for the Mr. Roshandeep Singh, AAG, Punjab ****
BATRA, J. (ORAL)
The instant one is the second petitio on 483 of Bharatiya Nagarik Surak r grant of regular bail in case aris registered under Sections 22(c), 29 c Substances Act, 1985 (for short “ND aft Act at Police Station Khalra, Distr iled by him had been dismissed as with As per the allegations, on 24.04.20 the concerned police station to the effe sed Rana Singh and Lovepreet Singh w ugglers and was indulged in smugg JAB AND HARYANA AT ARH CRM-M-48091-2025 (O&M) Date of decision : 17.03.2026 NGH @ ARASH ... Petitioner ...Respondent ANISHA BATRA
for the petitioner Punjab petition preferred by the petitioner Suraksha Sanhita, 2023 (for short e arising out of FIR No.45 dated c), 29 of the Narcotic Drugs and ort “NDPS) and Sections 10, 11 and , District Tarn Taran. The previous as withdrawn on 12.05.2025. .04.2025, a secret information was e effect that the petitioner alongwith ingh was in continuous contact with smuggling heroin from Pakistan via M) 2026 oner
dent
ioner short ated and and ous was with with n via AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-48091- drones and further significant drone information to be Dall. While they were holding a dro On seeing the pol managed to flee w Kg 166 Grams of recovered contraba Singh who was ap the petitioner and from the spot. initiated. The pe suffered disclosu Investigation now 3. It is a falsely implicated custody since 28.0 near future as not Each day spent by afresh. It is, theref 4. Per c being the successi against the petitio -2025 (O&M) 2 further supplying the same. It was also drone activity in the vicinity of Villa to be true, a raiding party was formed e they were on the way, 03 youths we drone and one was carrying a yell he police officials, the youths holding ee whereas one youth was apprehend ms of heroin was recovered from the ontraband and drones were taken into p was apprehended, was formally arreste r and co-accused Lovepreet Singh as t pot. After registration of FIR, inv he petitioner and co-accused were a sclosure statements admitting their n now stands concluded. It is argued by learned counsel for t icated in this case. No recovery was ce 28.04.2024. There are no chances as not even a single prosecution witn ent by him in custody has furnished h , therefore, argued that he deserves to b Per contra, learned State counsel ha ccessive petition is not maintainable. petitioner as commercial quantity of as also informed that there had been Village Dall. Believing the secret ormed which rushed towards Village ths were seen coming on foot. Two a yellow colour packet in his hand. olding the drone threw it away and rehended. On conducting search, 03 om the packet carried by him. The n into possession. The accused Rana arrested. He disclosed the names of gh as the persons who had fled away R, investigation proceedings were ere arrested on 28.04.2024. They their involvement in the crime. l for the petitioner that he has been ry was effected from him. He is in hances of conclusion of trial in the n witness has been examined so far. ished him a ground to move for bail es to be released on bail. sel has argued that the instant one nable. There are serious allegations ity of the contraband was recovered been ecret llage Two and. and h, 03 The Rana es of away were They rime. been is in n the far. bail one tions ered AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-48091- from the co-accuse actually in conscio the spot at the rele in this case. There offences, if extend 5. This counsel for the par 6. The p indulged in smug supply the same f party while carryi managed to flee f commission of the custody since 28.0 cases that an accu and the bail appli repeatedly. It has new cause of acti This principle is a over jail, aiming t the criminal just reconsideration of trial should not be of bail on accoun -2025 (O&M) 3 accused Rana Singh but the petitioner conscious possession of the same. Th he relevant time. The rigors of Section There are chances of petitioner’s abs extended benefit of bail. This Court has heard the rival subm the parties at considerable length. The petitioner alongwith the co-acc smuggling of the contraband from same further. As per the allegations carrying contraband and drone on th flee from the spot. The allegations m of the subject offences as against the e 28.04.2024. The Hon’ble Apex Cou n accused cannot be kept in custody fo l application can be considered on its It has also been held that every day s of action for filing a bail application le is a part of the broader approach em ming to balance the rights of the acc l justice system. Prolonged deten tion of bail since the settled principle o not become punitive. It is well settled account of delay in trial and long pe itioner alongwith the co-accused was e. They had managed to flee from ection 37 of NDPS Act are attracted r’s absconding or committing similar l submissions made by the learned accused is alleged to have been from cross-border country and to ations, he was found by the Police on the fateful day, though he had tions make out prima facie case for nst the petitioner. However, he is in ex Court has observed in a catena of tody for an indefinite period of time, on its own merits even if it is filed day spent in custody can provide a ication under certain circumstances. ach emphasizing that law prefers bail he accused with the requirements of detention itself is a ground for ciple of law is that detention prior to settled proposition of law that grant ng period of incarceration is to be was from acted milar rned been d to olice had e for is in na of time, filed ide a nces. bail ts of for or to grant o be AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-48091- considered in the can be placed upo Muslim @ Hussa wherein it was he be said to be fetter Section 436-A of also observed that often than not, app are more likely to upon Manmandal (Criminal) No.865 of Odisha, 2023 L extended benefit o period by observ precious fundamen in such a situatio embargo contained 7. Relia Chhattishgarh & pronounced verdic 37 of NDPS Act w as it comes with completion of tria held that appella -2025 (O&M) 4 in the light of Section 37 of the NDP ed upon the observations made by H ussain v. State (NCT of Delhi), as held that grant of bail on account e fettered under Section 37 of the NDP A of Cr.P.C. which is applicable to hat jails are overcrowded and the ot, appalling. The danger of unjustified ely to be hardened rather than reforme ndal and Another v. State of West B o.8656 of 2023 decided on 14.09.20 023 LiveLaw (SC) 533, wherein the nefit of bail to the accused who had bserving that prolonged incarceratio damental right guaranteed under Arti ituation, the constitutional principles ntained under Section 37 of the NDPS Reliance can also be placed upon h & Anr., Criminal Appeal No.48 verdict of Hon’ble Supreme Court ob Act will not be a bar for considering with a condition that the prosecuti of trial. In the above-mentioned case ppellant who was being prosecuted NDPS Act. Reliance in this regard Hon’ble Apex Court in Mohd. lhi), 2023 SCC OnLine SC 352, count of undue delay in trial cannot e NDPS Act, given the imperative of ble to offence under the Act. It was nd their living conditions are, more ustified imprisonment is that inmates eformed. Reliance can also be placed est Bengal, Special Leave Petition 9.2023 and Rabi Prakash v. State ein the Hon’ble Supreme Court had o had been incarcerated for a long ceration militated against the most er Article 21 of the Constitution and nciples must override the statutory NDPS Act. upon Santosh Pawar Vs. State of o.4883/2025, which is a recently ourt observing that rigors of Section ering the case of an accused for bail osecution would press for an early d case the Hon’ble Supreme Court ecuted for being in possession of gard hd. 52, nnot ve of was more ates laced ion ate t had long most and utory of ently n r bail early ourt n of AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-48091- commercial quant incarceration for a 8. Simil v. Central Bureau and inordinate del considered the cor including Section 436A (which requ not concluded wit would apply.
9. In th Crminal Appeal quantity of narcoti of bail to the accus and 08 months of t 10. Simil No.15699-2025 tit and in the case of of 2025.
11. On an case in the light o petitioner has suf months and 09 da -2025 (O&M) 5 quantity of narcotic substance, was e n for a period of 19 months.
Similarly in another case i.e. in the c eau of Investigation, (2022) 10 SC te delay engaged the attention of the H he correct approach towards bail, with ection 37 NDPS Act. The court expre h requires inter alia the accused to be ed within specified periods) of the Cr In the case of Ismail Khan @ Pa eal No.4911 of 2025 with regard narcotic substance, the Hon’ble Supre e accused in view of prolonged incarce ths of the accused.
Similar benefit has been extended 25 titled as Ebrahim @ Ibrahim SK ase of Pamesh Arora vs. UT Chandig On analyzing the peculiar facts and light of the aforementioned principle as suffered prolonged incarceration 09 days, the trial is not likely to be c was entitled for bail in view of her n the case of Satender Kumar Antil 0 SCC 51 prolonged incarceration f the Hon’ble Supreme Court, which l, with respect to several enactments, t expressed the opinion that Section to be enlarged on bail if the trial is the Criminal Procedure Code, 1973 Pathan vs. State of Rajasthan regard to recovery of commercial Supreme Court accorded the benefit incarceration for a period of 02 years ended in another appeal i.e. SLP SK vs. The State of West Bengal ndigarh Criminal Appeal No.4872 ts and circumstances of the present nciples of law, it transpires that the ration for a period of 01 year, 10 to be concluded in near future as no f her ntil ation hich ents, ction ial is 1973 an rcial nefit years LP gal 72 esent t the r, 10 s no AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-48091- prosecution witnes petitioner is not l record to show tha trial or will abscon 12. In vie case is made out f petition is allowed his furnishing pers trial Court/Chief J 13. In the petitioner, it shall application seekin 14. It is, be construed as an and shall not influ 15. Since any, is rendered in 17.03.2026 Amit Sharma -2025 (O&M) 6 witnesses has been examined so far. T not likely to serve any fruitful pur ow that if released on bail, the petitio abscond. In view of the above discussion, this e out for grant of bail to the petitioner llowed and the petitioner is ordered to g personal as well as surety bonds to hief Judicial Magistrate/Duty Magistr In the event of there being any FIR t shall be open to the respondent-State seeking cancellation of bail. It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been all ered infructuous. (MA
Whether speaking/reasoned:- Yes
  
o far. The continued detention of the ul purpose and there is nothing on tioner will not participate in the n, this Court is of the opinion that a itioner at this stage. Accordingly, the ered to be released on bail subject to nds to the satisfaction of the learned agistrate concerned. y FIR/complaint lodged against the State to seek redressal by filing an e observations made above shall not his Court on the merits of the case ial in any manner.
allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No
f the g on n the hat a , the ct to rned t the g an l not case n, if AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment.