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2025 DAILYLAW 2017 (PNJ)

KAWALPREET SINGH ALIAS BABLOO v. STATE OF PUNJAB

CRM-M/49623/2025 · 2026-03-30

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-49623-2025 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (121) CRM-M-49623-2025 Date of Decision: 30.03.2026 KAWALPREET SINGH @ BABLOO ... PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Harsimrat Randhawa, Advocate for the petitioner. Mr. Harkanwar Jeet Singh, AAG, Punjab. **** JASJIT SINGH BEDI, J. The prayer in this petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.92 dated 23.06.2025 under Sections 21(b), 27(a) of NDPS and Sections 25(7) and 27 of Arms Act, 1959 at Police Station Sultanwind, District Police Commissionerate, Amritsar. 2. The brief facts of the case are that on 23.06.2025, a police party headed by SI Paramjit Singh was on routine patrol near Ishwar Nagar, Tarn Taran Road, Amritsar. The petitioner allegedly behaved in a suspicious manner upon seeing the police and attempted to throw away a polythene packet. Upon search, 160 grams of heroin was recovered from his possession, along with Rs.10,000/- as drug money. A country-made .32 bore pistol with a magazine containing five live cartridges was also recovered from him. KUSUM 2026.03.31 15:29 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-49623-2025 -2 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. There is violation of mandatory provisions of the Act regarding search and seizure including Sections 42 and 50. The recovery is of non-commercial quantity of contraband. As the petitioner is in custody since 23.06.2025 but none of the 15 prosecution witnesses has been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail. 4. The learned counsel for the State, on the other hand, contends that serious allegations have been levelled against the petitioner. Offences of this kind are on the rise and, therefore, he is not entitled to the concession of bail. He, however, concedes that the petitioner is a first-time offender, is in custody since 23.06.2025 but none of the 15 prosecution witnesses has been examined so far and that the recovery is of non-commercial quantity of contraband. 5. I have heard the learned counsel for the parties. 6. Admittedly, the recovery from the petitioner is of non- commercial quantity of contraband. Therefore, the bar contained under Section 37 of the NDPS Act would not be applicable to the case of the petitioner. Further, the petitioner is stated to be in custody since 23.06.2025 but none of the 15 prosecution witnesses has been examined so far. Therefore the Trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required. KUSUM 2026.03.31 15:29 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-49623-2025 -3 7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Kawalpreet Singh @ Babloo S/o Mahinder Kumar is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. 8. The petition stands disposed of. (JASJIT SINGH BEDI) JUDGE 30.03.2026 Kusum Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No KUSUM 2026.03.31 15:29 I attest to the accuracy and integrity of this document PHHC Chandigarh