IN THE HIGH COURT OF PUNJAB & HARYANA 219 Gurjeet Singh @ Gurjit Singh State of Punjab CORAM: HON'BLE MR. Present : Mr. Mr. Manipal Singh Atwal, DAG, Punjab. AMAN CHAUDHARY, 1. Prayer in the present petition filed under Section BNSS) is for grant of regular bail to the petitioner in case FIR No. 12.09.2023, registered under Sections Nathana, District 2. Learned counsel contends that the petitioner has been in custody for last 2 years. He alleges false implication of Poppy Husk has been recovered from his car. mandatory provisions of Sections 41(2), 50 & independent witness has been joined at the time of recovery. There is no case pending against him. Challan stands presented on 29.01.2024, charges were framed on 30.05.2024 and out of 33 prosecution witnesses, 17 have been CRM-M-52999-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Gurjeet Singh @ Gurjit Singh Versus HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Mr. PS Sekhon, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab. ***** AMAN CHAUDHARY, J. (Oral) Prayer in the present petition filed under Section grant of regular bail to the petitioner in case FIR No. , registered under Sections 15-C and 29 , District Bathinda. Learned counsel contends that the petitioner has been in custody for e alleges false implication in the case of Poppy Husk has been recovered from his car. mandatory provisions of Sections 41(2), 50 & independent witness has been joined at the time of recovery. There is no case pending against him. Challan stands presented on 29.01.2024, charges were framed on 30.05.2024 and out of 33 prosecution witnesses, 17 have been -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-52999-2025 (O&M) Date of decision: 24.09.2025 ....Petitioner ...Respondent JUSTICE AMAN CHAUDHARY for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab. Prayer in the present petition filed under Section 439 Cr.P.C. (483 grant of regular bail to the petitioner in case FIR No.151 dated C and 29 of NDPS Act at Police Station Learned counsel contends that the petitioner has been in custody for in the case. As per the allegation, 60 Kgs. of Poppy Husk has been recovered from his car. There is non-compliance of mandatory provisions of Sections 41(2), 50 & 52(1) of NDPS Act. No independent witness has been joined at the time of recovery. There is no case pending against him. Challan stands presented on 29.01.2024, charges were framed on 30.05.2024 and out of 33 prosecution witnesses, 17 have been - ....Petitioner ...Respondent (483 dated of NDPS Act at Police Station Learned counsel contends that the petitioner has been in custody for the allegation, 60 Kgs. compliance of 52(1) of NDPS Act. No independent witness has been joined at the time of recovery. There is no case pending against him. Challan stands presented on 29.01.2024, charges were framed on 30.05.2024 and out of 33 prosecution witnesses, 17 have been ASHOK KUMAR 2025.09.24 18:22 I attest to the accuracy and integrity of this document CRM-M-52999-2025 -2- examined and 1 has given up. 3. The custody certificate dated 23.09.2025 filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 years and 8 days. 4. Learned State counsel opposes the bail on the ground that commercial quantity of contraband was recovered from the petitioner, who was apprehended at the spot. However, he is unable to controvert the submissions with regard to stage of the case and no any other case pending against the petitioner. 5. Heard. 6. Hon'ble The Supreme Court in Shariful Islam @ Sarif versus The State of West Bengal SLP (Crl.) No.4173/2022, decided on 04.08.2022, granted bail to the petitioner in a case of recovery of commercial quantity of contraband, considering incarceration for over 1 year and 6 months and there being no likelihood of completion of trial in the near future, while the Division Bench of this Court in Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706, observed with regard to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and rigors of Section 37 of NDPS Act. 7. This Court in the case of Balraj Singh vs. State of Punjab CRM-M- 57386-2022, on 14.12.2022 has followed the dictum laid down by Hon'ble The Supreme Court and granted the bail to the petitioner therein after he had undergone total custody of 1 year and 6 months and in Munasi Masih vs. State of Punjab, CRM-M-31504-2022, on 06.2.2023, wherein commercial quantity of contraband had been recovered but only 2 out of 13 PWs had been examined, ASHOK KUMAR 2025.09.24 18:22 I attest to the accuracy and integrity of this document CRM-M-52999-2025 -3- allowed bail. 8. 8. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for last 2 years and 8 days; no pending case against him; charges have been framed on 30.05.2024 and out of 33 prosecution witnesses, only 17 have been examined so far, though 1 given up, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of the NDPS Act can be diluted bearing in mind the right to a speedy trial, the present petition is allowed. 9. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/ intimidate the prosecution witnesses. (iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner. (vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court. ASHOK KUMAR 2025.09.24 18:22 I attest to the accuracy and integrity of this document CRM-M-52999-2025 -4- (viii) The petitioner shall not leave the country without prior permission of the trial Court. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. 10. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 11. In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (AMAN CHAUDHARY) JUDGE 24.09.2025 ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2025.09.24 18:22 I attest to the accuracy and integrity of this document