CRM-M-62109-2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 131 CRM-M-62109-2025 (O&M) Date of decision: 24.02.2026 Kuldeep Singh ....Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. Nishant Indal, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab. ***** AMAN CHAUDHARY, J. 1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.134 dated 02.06.2025, registered under Sections 20, 22, 27, 29-61-85 of the NDPS Act, of NDPS Act, 1985 (hereinafter referred to as “the Act”), Section 223(B) BNS, Section 52-A of Prison Act, 1894 and Section 13 (2) of the Prevention of Corruption Act, 1988, registered at Police Station City Roopnagar. 2. Prosecution story set up in the case at hand, as per the version in the FIR reads thus: “... Subject: Regarding taking necessary legal action for the prohibited items recovered during the search of Holder Kuldeep Singh Box No. 80/259 from the jail gate on 02.05.2025. In connection with the above subject, it is requested that as per the strict directions of the Honorable Superintendent, on the middle of the night of 01/02.05.2025 at around 12:00 am, a search was conducted at the jail gate by PESCO employee Thakur Das under the supervision of Night Officer Assistant Superintendent ASHOK KUMAR 2026.03.09 16:32 I attest to the accuracy and integrity of this document CRM-M-62109-2025 -2- Balwinder Singh on the employees going on duty. When the PESCO employee searched Constable Kuldeep Singh Box No. 259 PAP 80 Battalion whose duty was at the cell block of the jail, when the said employee was searched, during the search, 03 packs of tobacco were found under the pants of the uniform worn by the said employee, in which 03 red capsules and a black colored narcotic substance which appears to be sulfa were seized. After the search, the Acting Deputy Superintendent and Superintendent Jail were informed about this incident by phone. The Acting Deputy Superintendent and Superintendent Jail reached the spot and took notice of the incident and verbally questioned the Constable Kuldeep Singh Box No. 259 PAP 80 Battalion told that apart from the above seized narcotic substances, some other narcotic substances are also present in his personal belongings/cupboard lying in the warder's line. You are hereby informed through this letter and it is requested that Constable Kuldeep Singh Box No. 259 P.P. 80 Battalion be taken into custody and efforts should be made to recover the narcotics present in his personal belongings/cupboard lying in the warder line and after taking necessary legal action against the accused, this office be informed. Correct/- Balwinder Singh (Balwinder Singh) Assistant Superintendent District Jail Rupnagar," Police Action:-Today a telephone call was received from the control room of District Jail Rupnagar to Police Station that narcotics have been found from an employee at; District Jail Rupnagar and appropriate action should be taken by sending a police party on the spot, on which I, ASI Hasab, on the instructions of the Chief Officer of the police station, along with ASI Subhash Chandra 915/R, PH Sriram, reached District Jail Rupnagar in a government vehicle PB-65BG-7296 where Shri Balwinder Singh Assistant Superintendent District Jail Rupnagar was met in the duty of District Jail Rupnagar who handed over a letter number 130/CT dated 02/05/2025 regarding taking necessary legal action on the prohibited items seized during the search of the Constable Kuldeep Singh box no. 80/259 PAP on 02.05.2025 including and four pieces of the narcotic substance Charas, three pieces of zarda in a transparent envelope and 03 red colored narcotic capsules in one zardapudi presented to me, which I, ASI weighed the four pieces of the narcotic substance Charas on the personal electronic scale which on weighing was 41.37 grams including the envelope which was put in a transparent envelope and put in a cloth bag and prepared a bundle, prepared the bundle and sealed the bundle with the seal letter LD with 01 seal and from one zarda puri, 03 red colored narcotic capsules were taken out of the zarda puri and put in a sealed transparent envelope and put in a cloth bag to prepare a ASHOK KUMAR 2026.03.09 16:32 I attest to the accuracy and integrity of this document CRM-M-62109-2025 -3- bundle, after putting the bundle, the bundle was sealed with its own seal with the letter LD. xxxxxxxxxxx” 3. Learned counsel submits that the petitioner has been falsely implicated in the present case. There is non-compliance of mandatory provisions with regard to seizure and recovery, in view of which, the petitioner is entitled to grant of bail, having been in custody for about 9 months. 4. Learned State counsel, on the other hand, has filed the custody certificate, according to which, the petitioner, a serving police official, whose duty was at a cell block of District Jail, Rupnagar, has been in custody for only 8 months and 14 days. He opposes the prayer by submitting that during search at the jail gate and that of his almirah, as per the disclosure statement of the petitioner himself, recovery of commercial quantity of contraband, it being 101.77 grams intoxicant substance of charas, 80 intoxicant tablets of Tramadol in 8 strips, 74 capsules of Pragaballin in 8 strips, 52 capsules of red color, stand recovered from him, as also an amount of more than Rs.5 and a half lakh, which is unaccounted for, has been credited in his bank account. Challan stands presented, however charges are yet to be framed and there are a total of 32 prosecution witnesses to be examined. There is every possibility of the petitioner not cooperating with the trial, getting involved in similar offence, evading the process of law, tampering with the evidence and influencing the witnesses. Thus, he prays for dismissal of the present petition. 5. Heard. 6. Prima facie, the allegations against the petitioner are grave and attract serious concern, particularly in light of the position of public trust held by him as a serving police official. It would be apposite to refer to the relevant paras of the status ASHOK KUMAR 2026.03.09 16:32 I attest to the accuracy and integrity of this document CRM-M-62109-2025 -4- report dated 22.01.2026, filed by way of an affidavit by Deputy Superintendent of Police, Sub-Division, Rupnagar, which read thus: “That the present petitioner was posted in Distt. Jail, Rupnagar. He was found in conscious possession of 3 packet of tobacco, 3 capsules of red color and intoxicant substance of black color which appears to be Charas on 02.06.2025 at about 12:00 Night at the entrance of District Jail, Rupnagar. Petitioner was on duty in the District Jail in Cell Barrack at that time. Further, during checking petitioner also suffered a disclosure statement that beside this, some other intoxicant substance is also lying in his Elmira/luggage at Warder line. Thus, instant FIR was got registered against Petitioner HC Kuldeep Singh on the information/complaint of Assistant Superintendent District Jail, Rupnagar. During the investigation total 101.77 gram intoxicant Charas (41.37gram+60.40 gram), 80 Intoxicant tablets of Tramadol Hydrochloride S.R Tablets IP 100 MG in 08 strips, 74 capsules of Pragaballin Capsules IP 300 MG in 08 strips (06 strips containing 10 capsules each, one strip containing 06 capsules and one strip containing 08 capsules, 52 capsules of red colour and 6 packets of Jarda/tobacco were recovered from Petitioner Kuldeep Singh. He further disclosed that after selling the intoxicants on higher rates, they were receiving money in their bank accounts and were earning huge money. Further, perusal of the bank account statement of petitioner bearing account number 110135218823 of Canara Bank shows that she has received a sum of rupees 05,51,984/- from 01.03.2025 to 02.06.2025 from unknown suspicious sources and she couldn't justify for that amount. The petitioner along with other accused were running a big racket of supplying intoxicants in the jail.” (emphasis supplied) 7. Pertinently, the recovered quantity of contraband in the present case falls in the category of 'commercial quantity' and would thus, attract the fetters imposed by Section 37 of the Act. In State of Kerala vs. Rajesh, (2020) 12 SCC 122, Hon’ble the Supreme Court has reiterated the legal position as regards the limitations imposed by Section 37 of the Act and has further held that a liberal approach in matters of bail in offences under the Act is uncalled for. 8. A member of the disciplined force is expected to uphold the law and ASHOK KUMAR 2026.03.09 16:32 I attest to the accuracy and integrity of this document CRM-M-62109-2025 -5- act as its guardian. Allegations of involvement in trafficking of commercial quantity of contraband strike at the very root of institutional integrity and public confidence in law enforcement. The gravity of the offence is thus compounded by the position held by the petitioner and an unaccounted amount found, for which no explanation could be rendered. He alongwith other accused are stated to be running a huge racket of supplying intoxicants in the jail. The trial is yet to commence. The stringent provisions as contained in the statute, are to deal with the drug menace plaguing the society, as the youth are being led on a path having deleterious effects, thereby destroying the very social fabric. Taking note of the facts involved herein, a cautious and strict approach needs to be adopted and at this stage, there is nothing to record a satisfaction that the petitioner is not guilty of the offence and his unlikelihood to commit a similar one in the eventuality of grant of bail. 9. Delhi High Court in Gurjeet Singh vs. State of NCT of Delhi, Bail Appln. 2209/2022, dated 07.09.2022, to which no challenge was made, which was a case wherein also unaccounted cash was recovered, bail was declined, even though the quantity of contraband involved was intermediate, by observing that non- compliance of any mandatory provision under the Act by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail. 10. Constitution Bench of Hon’ble the Supreme Court in the case of Vijaysinh Chandubha Jadeja vs. State of Gujarat, (2011) 1 SCC 609 had observed that the question whether or not the procedure prescribed has been followed and the requirement of Section 50 NDPS had been met, is a matter of trial, ASHOK KUMAR 2026.03.09 16:32 I attest to the accuracy and integrity of this document CRM-M-62109-2025 -6- relying whereupon, Allahabad High Court in Neelam Devi vs. State of UP, (2023) 2 ILRA 508 rejected the bail application filed and SLP(Crl.) No-4296-2023 challenging which, was also dismissed vide order dated 08.05.2023. 11. 11. In Union of India vs. Ajay Kumar Singh, 2023 SCC OnLine SC 346, Hon’ble the Supreme Court held that “This apart, it is noticed that the High Court, in passing the impugned order of bail, had lost sight of Section 37 of the NDPS Act, which, inter alia, provides that no person accused of an offence involving commercial quantity shall be released on bail unless the twin conditions laid down therein are satisfied, namely, (i) the public prosecutor has been given an opportunity to oppose the bail application; and (ii) the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence and that he is not likely to commit any such offence while on bail.” 12. On a cumulative consideration of the peculiar facts and circumstances of the case in light of the afore-referred judgments and the apprehension expressed by the State that the petitioner may influence the witnesses and tamper with the evidence, this Court is not inclined to grant concession of regular bail to him, as such, the present petition being bereft of merits is hereby dismissed. 13. The observations made hereinabove are meant only for the purpose of deciding the present petition and in no manner are to be construed as an expression of opinion on the merits of the case. (AMAN CHAUDHARY) 24.02.2026 JUDGE ashok Whether speaking/reasoned : Yes / No Whether reportable : Yes / No ASHOK KUMAR 2026.03.09 16:32 I attest to the accuracy and integrity of this document