CRM-M-10167-2025 229 (1st case) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10167-2025 (O&M) Date of decision : 15.05.2025 Gurpreet Singh @ Gopi ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Kushagra Mahajan, Advocate for the petitioner. Mr. T.P.S. Walia, AAG, Punjab. MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), for grant of bail pending trial to the petitioner in FIR No.4 dated 04.01.2025, under Sections 21(b) and 27A of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Section 25 of the Arms Act, 1959 (Section 29 of NDPS Act added later on), registered at Police Station Jandiala, District Amritsar. 2. Allegations are that co-accused Lovepreet Singh @ Shannu & Sahilpreet Singh @ Shallu, were found in possession of 20gm of heroin (non-commercial quantity) along with one pistol with mark ‘MADE IN JAPAN’ as well as currency notes of Rs.2500/- and petitioner was nominated on the basis of disclosure made by above co- accused. -1- DIWAKER GULATI 2025.05.17 16:05 I attest to the accuracy and integrity of this document CRM-M-10167-2025 3. Contends that no recovery is alleged against the petitioner and he remained in custody from 07.01.2025 to 27.03.2025. Further contends that petitioner was granted interim bail by this Court on 27.03.2025 and he has not misused the concession. 3.1 Lastly contends that there is no apprehension that petitioner is likely to pressurize the prosecution witnesses and/or hamper the trial, in any manner. 4. Learned State Counsel, on instructions, has fairly acknowledged the above factual position, but opposed the prayer. 5. Heard learned counsel for both the sides and perused the paper book. 6. It is a matter of record that petitioner was granted interim bail by this Court on 27.03.2025 and the order reads as under:- “Contends, inter alia, that petitioner is in custody since 07.01.2025 and no recovery has been alleged against him. Learned State counsel shall verify the pendency of other criminal cases pending against the petitioner. Posted for 15.05.2025. In the meanwhile, petitioner be released on interim bail in the present case till the next date of hearing on furnishing adequate bail and surety bonds subject to the satisfaction of learned Special Court/CJM/Duty Magistrate concerned.” 7. It is not in dispute that petitioner remained in custody from 07.01.2025 to 27.03.2025 and after granting interim bail vide order dated 27.03.2025, he never misused the concession. -2- DIWAKER GULATI 2025.05.17 16:05 I attest to the accuracy and integrity of this document CRM-M-10167-2025 8. Consequently, present petition is allowed. Interim bail granted to the petitioner, vide order dated 27.03.2025, is made absolute. Petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned Special Court/Chief Judicial Magistrate/Duty Magistrate concerned. 9. Petitioner shall appear on each & every date of hearing and to fully co-operate with the learned Special Court without seeking any unnecessary adjournment(s). 10. Above observations be not construed as an expression of opinion on merits of case, in any manner. 11. It is clarified that in case there is any misuse of concession of bail on the part of the petitioner, State of Punjab would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 15.05.2025 (MAHABIR SINGH SINDHU) d.gulati JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No -3- DIWAKER GULATI 2025.05.17 16:05 I attest to the accuracy and integrity of this document