IN THE HIGH COURT OF PUNJAB & HARYANA 236 BALJINDER SINGH STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J. (ORAL) 1. Criminal Procedure, 1973 FIR No.35 dated on) of the Narcotic Drugs and Py at Police Station 2. has no previous criminal antecedents, much less being involved in any case under the NDPS Act. Therefore, it clearly lends credence to his false implication in the present case and that too, on the basis of a disclosure statement suffered by co whom a recovery of 7.050 grams of heroin was effected. by the learned counsel that the disclosure statement, on the basis of which the petitioner has been arraigned as an acc value; as per the disclosure statement, the petitioner was the alleged supplier of the recovered IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: BALJINDER SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Bhupender Beniwal, Advocate for the petitioner. Mr. Shiva Khurmi, AAG, Punjab. MANJARI NEHRU KAUL, J. (ORAL) The instant petition has been filed under Section 439 Criminal Procedure, 1973 for grant of regular bail to the petitioner in case dated 22.03.2024 under Section 21 (and Section 29 added later the Narcotic Drugs and Pyschotropic Substances Act, 1985 at Police Station City-1 Sangrur, District Sangrur Learned counsel for the petitioner has no previous criminal antecedents, much less being involved in any case under the NDPS Act. Therefore, it clearly lends credence to his false implication in the present case and that too, on the basis of a disclosure t suffered by co-accused Navdeep Kaur and Hardeep whom a recovery of 7.050 grams of heroin was effected. by the learned counsel that the disclosure statement, on the basis of which the petitioner has been arraigned as an acc value; as per the disclosure statement, the petitioner was the alleged supplier recovered contraband. However, as IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-8671-2025 Date of decision: July 09, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL , Advocate Khurmi, AAG, Punjab. The instant petition has been filed under Section 439 Code of for grant of regular bail to the petitioner in case under Section 21 (and Section 29 added later schotropic Substances Act, 1985 registered Sangrur (Annexure P-1). Learned counsel for the petitioner submits that the petitioner has no previous criminal antecedents, much less being involved in any case under the NDPS Act. Therefore, it clearly lends credence to his false implication in the present case and that too, on the basis of a disclosure accused Navdeep Kaur and Hardeep Kaur, from whom a recovery of 7.050 grams of heroin was effected. It has been asserted by the learned counsel that the disclosure statement, on the basis of which the petitioner has been arraigned as an accused, holds little evidentiary value; as per the disclosure statement, the petitioner was the alleged supplier as per the conceded case of the Petitioner .....Respondent Code of for grant of regular bail to the petitioner in case under Section 21 (and Section 29 added later registered submits that the petitioner has no previous criminal antecedents, much less being involved in any case under the NDPS Act. Therefore, it clearly lends credence to his false implication in the present case and that too, on the basis of a disclosure Kaur, from It has been asserted by the learned counsel that the disclosure statement, on the basis of which used, holds little evidentiary value; as per the disclosure statement, the petitioner was the alleged supplier the Jaspreet Kaur 2025.07.10 10:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8671 prosecution, after the petitioner was arrested on 24.03.2024, no recovery of any contraband, much less heroin, was made from him. 3. petitioner that investigation in the present case is complete and challan stands presented, however, there is no possibility of the trial concluding in the near future as only 2 witnesses out of the have been examined so far. 4. petitioner in the Court today, which is taken on record subject to all just exceptions. Per contra submissions made by the counsel opposite, has not disputed the custody period of the petitioner, nor has he, on instructions, disputed that no recovery of any contraband was made after the petitioner was arrested, following his name surfacing in the disclosure statement of co Hardeep Kaur. On being pointedly asked, learned State counsel has also not disputed that the petitioner has no previous criminal antecedents, however, has been submitted that out of 16 wi have been fully examined, 2 have been given up, which leaves 12 prosecution witnesses to be examined in the future. 5. petitioner, has also submitted that although no recovery of any contraband, much less heroin, was made from the petitioner following his arrest, however, it had come during investigation that the 8671-2025 prosecution, after the petitioner was arrested on 24.03.2024, no recovery of any contraband, much less heroin, was made from him. It has also been submitted by the learned counsel for the petitioner that investigation in the present case is complete and challan stands presented, however, there is no possibility of the trial concluding in the near future as only 2 witnesses out of the have been examined so far. Learned State counsel has filed the custody certificate of the petitioner in the Court today, which is taken on record subject to all just Per contra, learned State counsel, while oppo submissions made by the counsel opposite, has not disputed the custody period of the petitioner, nor has he, on instructions, disputed that no recovery of any contraband was made after the petitioner was arrested, following his facing in the disclosure statement of co Hardeep Kaur. On being pointedly asked, learned State counsel has also not disputed that the petitioner has no previous criminal antecedents, however, has been submitted that out of 16 witnesses cited by the prosecution, while 2 have been fully examined, 2 have been given up, which leaves 12 prosecution witnesses to be examined in the future. Learned State counsel, while opposing the prayer made by the petitioner, has also submitted that although no recovery of any contraband, much less heroin, was made from the petitioner following his arrest, however, it had come during investigation that the -2- prosecution, after the petitioner was arrested on 24.03.2024, no recovery of any contraband, much less heroin, was made from him. It has also been submitted by the learned counsel for the petitioner that investigation in the present case is complete and challan stands presented, however, there is no possibility of the trial concluding in the near future as only 2 witnesses out of the 16 cited by the prosecution Learned State counsel has filed the custody certificate of the petitioner in the Court today, which is taken on record subject to all just , learned State counsel, while opposing the prayer and submissions made by the counsel opposite, has not disputed the custody period of the petitioner, nor has he, on instructions, disputed that no recovery of any contraband was made after the petitioner was arrested, following his facing in the disclosure statement of co-accused Navdeep Kaur and Hardeep Kaur. On being pointedly asked, learned State counsel has also not disputed that the petitioner has no previous criminal antecedents, however, it tnesses cited by the prosecution, while 2 have been fully examined, 2 have been given up, which leaves 12 prosecution witnesses to be examined in the future. Learned State counsel, while opposing the prayer made by the petitioner, has also submitted that although no recovery of any contraband, much less heroin, was made from the petitioner following his arrest, however, it had come during investigation that the recovered contraband had prosecution, after the petitioner was arrested on 24.03.2024, no recovery of It has also been submitted by the learned counsel for the petitioner that investigation in the present case is complete and challan stands presented, however, there is no possibility of the trial concluding in 16 cited by the prosecution Learned State counsel has filed the custody certificate of the petitioner in the Court today, which is taken on record subject to all just sing the prayer and submissions made by the counsel opposite, has not disputed the custody period of the petitioner, nor has he, on instructions, disputed that no recovery of any contraband was made after the petitioner was arrested, following his accused Navdeep Kaur and Hardeep Kaur. On being pointedly asked, learned State counsel has also not it tnesses cited by the prosecution, while 2 have been fully examined, 2 have been given up, which leaves 12 Learned State counsel, while opposing the prayer made by the petitioner, has also submitted that although no recovery of any contraband, much less heroin, was made from the petitioner following his arrest, recovered contraband had Jaspreet Kaur 2025.07.10 10:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8671 been procured through the petitioner. On a pointed query as to whether ay incriminating evidence other than the disclosure statement of the co had been collected to link the petitioner with the alleged recovery, learned State counsel, on instructions, has replied in the negative 6. relevant material placed on record. 7. case, much less under the NDPS Act. After the charges were framed on 04.12.2024, evidence has commenced, however, still remain to be examined. near future. 8. Court deems it fit to extend the concession of regular bail to the petitioner as the trial would take considerable time to conclude. 9. be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. petitioner to bail, learned him to any stringent conditions as it deems fit, so as to ensure the presence of the petitioner during the trial. 10. shall not be construed to be an expression of op case. 8671-2025 been procured through the petitioner. On a pointed query as to whether ay inating evidence other than the disclosure statement of the co had been collected to link the petitioner with the alleged recovery, learned State counsel, on instructions, has replied in the negative I have heard learned counsel for the partie relevant material placed on record. The petitioner is not stated to be involved in any other criminal case, much less under the NDPS Act. After the charges were framed on 04.12.2024, evidence has commenced, however, still remain to be examined. Hence, the trial is unlikely to conclude in the In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner as would take considerable time to conclude. Accordingly, the instant petition is allowed be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. petitioner to bail, learned trial Court/Duty Magistrate concerned him to any stringent conditions as it deems fit, so as to ensure the presence of the petitioner during the trial. However, it is made clear that anything observed hereinab shall not be construed to be an expression of op -3- been procured through the petitioner. On a pointed query as to whether ay inating evidence other than the disclosure statement of the co-accused had been collected to link the petitioner with the alleged recovery, learned State counsel, on instructions, has replied in the negative. I have heard learned counsel for the parties and perused the The petitioner is not stated to be involved in any other criminal case, much less under the NDPS Act. After the charges were framed on 04.12.2024, evidence has commenced, however, 14 prosecution witnesses Hence, the trial is unlikely to conclude in the In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner as would take considerable time to conclude. Accordingly, the instant petition is allowed, and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. However, while admitting the trial Court/Duty Magistrate concerned may put him to any stringent conditions as it deems fit, so as to ensure the presence However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the been procured through the petitioner. On a pointed query as to whether ay accused had been collected to link the petitioner with the alleged recovery, learned s and perused the The petitioner is not stated to be involved in any other criminal case, much less under the NDPS Act. After the charges were framed on nesses Hence, the trial is unlikely to conclude in the In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner as and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of g the may put him to any stringent conditions as it deems fit, so as to ensure the presence ove inion on the merits of the Jaspreet Kaur 2025.07.10 10:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-8671 11. the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. July 09, 2025 Jaspreet Kaur 8671-2025 Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. July 09, 2025 Whether speaking/reasoned Whether reportable -4- here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to Jaspreet Kaur 2025.07.10 10:47 I attest to the accuracy and integrity of this document Chandigarh