CRM-M-50852-2025 1 224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-50852-2025 Date of Decision: 16.09.2025 JASWINDER SINGH ALIAS FIDDI ......... Petitioner Versus STATE OF PUNJAB ..... Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. R.S. Bhullar, Advocate for the petitioner. Mr. Gorav Kathuria, DAG Punjab. **** YASHVIR SINGH RATHOR , J. (Oral) 1. This is first application under Section 483 of BNSS, 2023 for grant of regular bail in case FIR No.48, dated 24.05.2025, registered at Police Station Mehna, District Moga, under Sections 15, 25 and 29 of NDPS Act, 1985 (Section 111(2) of BNS added later on). 2. Learned counsel for the petitioner as well as learned State counsel have been heard and material collected by the police during investigation has been perused. 3. Brief facts of the prosecution case are that on 24.05.2025 ASI Jarnail Singh CIA Staff, Moga alongwith other police officials was patrolling in the area of Bughipura Chowk when he received a secret information to the effect that Jaspal Singh @ Jassa and Jasbir Singh @ Daddi indulge in sale of poppy husk and both the persons are waiting for ASGAR ALI 2025.09.16 19:35 I attest to the accuracy and integrity of this document CRM-M-50852-2025 2 their customers for selling poppy husk in their Verna Car bearing registration No.PB-48-D-8006 on the link road going towards Village Rauli from Village Talwandi Bhangerian and in case, raid is conducted, they can be apprehended. Thereafter, raid was conducted at the disclosed place and both Jaspal Singh @ Jassa and Jasbir Singh @ Daddi were apprehended alongwith 50 Kg of poppy husk. On interrogation, they both nominated the present petitioner and he was arrested on 06.05.2025. After completion of investigation, challan has been presented. 4. Learned counsel for the petitioner argued that petitioner has been falsely implicated on the basis of disclosure statement suffered by co-accused namely Jaspal Singh @ Jassa and Jasbir Singh @ Daddi but the same are not admissible in evidence. No recovery has been effected from the petitioner. Petitioner is in custody since 26.05.2025. Even the contraband recovered from co-accused falls within non-commercial quantity. Learned counsel next contended that the co-accused on whose disclosure statement, petitioner was nominated as an accused has already been released on bail vide order dated 20.08.2025 passed in CRM-M- 43995-2025 by a Coordinate Bench of this Court and petitioner too is entitled to be released on bail. The trial is certainly going to take sufficiently long time to conclude and in these circumstances, further detention of the petitioner is not required and he deserves to be released on bail. 5. On the other hand, learned State counsel has opposed the bail and argued that petitioner does not deserve the concession of bail in view of the gravity of offence. 6. Petitioner has been nominated as an accused on the basis of ASGAR ALI 2025.09.16 19:35 I attest to the accuracy and integrity of this document CRM-M-50852-2025 3 disclosure statement suffered by Jaspal Singh @ Jassa from whom contraband was recovered. No contraband has been recovered from the possession of petitioner and he is in custody since 26.05.2025. After completion of investigation, challan has been presented. Main accused namely Jaspal Singh @ Jassa has already been released on bail vide order dated 20.08.2025 passed in CRM-M-43995-2025 and as such, petitioner too is entitled to be released on bail on the ground of parity. The trial is certainly going to take sufficiently long time to conclude and in these circumstances, further detention of the petitioner is not required and he deserves to be released on bail. 7. Having regard to the aforesaid factual position, but without commenting anything on the merits of the case, the bail application is allowed and petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned, on usual terms and conditions. (YASHVIR SINGH RATHOR) JUDGE 16.09.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No ASGAR ALI 2025.09.16 19:35 I attest to the accuracy and integrity of this document