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2025 DAILYLAW 2861 (PNJ)

GURBIR SINGH ALIAS GORA v. STATE OF PUNJAB

CRM-M/68689/2025 · 2026-03-17

Manisha Batra

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Judgment text

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CRM-M-68689- IN THE H (120) GURBIR SINGH STATE OF PUNJ CORAM: HON Present: Mr. Mr. G Mr. R MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under Substances Act, 1 Police Station Kha 2. As pe duty, the concern condition and goin by the Police offic -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH  INGH @ GORA Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Lakhan Paul Garg, Advocate for Mr. G.S. Saini, Advocate for the petit Mr. Roshandeep Singh, AAG, Punjab ****  BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 21 and 29 of Narco Act, 1985 (for short “NDPS”) and Sec n Kharar, District SAS Nagar. As per the allegations, on 09.10.2025 oncerned Police party found 02 v d going towards the societies. When e officials, they entered into GK Crist JAB AND HARYANA AT ARH CRM-M-68689-2025 (O&M) Date of decision : 17.03.2026 ... Petitioner ...Respondent ANISHA BATRA  te for e petitioner Punjab preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) t of FIR No.0330 dated 09.10.2025 Narcotic Drugs and Psychotropic nd Section 25 of Arms Act, 1959 at 0.2025, while performing patrolling 02 vehicles moving in suspicious When those vehicles were followed Cristal Homes Society. Within the M) 2026 oner dent nder SS”) 2025 ropic 59 at lling cious wed n the AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-68689- sight of the Police the petitioner. The inside Flat No.39 checking the poly pistol alongwith cartridges and dru occupants failed t recovered articles co-accused they d arrested. Investiga 3. It is a falsely implicated is in custody since He is not required useful purpose w rigors of Section recovery of contra therefore, argued t 4. Stat keeping in view th the petition does n 5. This C for the parties at co -2025 (O&M) 2 Police officials, 04 youth came out o er. They were having 02 polythene b No.39B, first floor of the society. e polythene bags, 01 digital scale, 99 with 01 magazine, one another ma nd drug money to the tune of Rs.1,5 ailed to produce any licence or perm rticles were taken into possession. On they disclosed their names and par estigation now stands concluded. It is argued by learned counsel for t icated in this case. A false recovery h since 09.10.2025. The trial will take quired for further investigation since c ose would be served by detaining ction 37 of the NDPS Act are not a contraband allegedly effected was of n gued that the petition deserves to be al Status report has been filed. Learned iew the gravity of the allegations as does not deserve to be allowed. This Court has heard the rival submis es at considerable length. out of the same, one of whom was hene bags with them and then went ciety. They were apprehended. On le, 99 grams of heroin, one .30 bore er magazine of .30 bore, 10 live Rs.1,52,800/- were recovered. The r permit for keeping the same. The on. On asking the petitioner and the d particulars. They were formally l for the petitioner that he has been very has been planted upon him. He l take considerable time to conclude. since challan has been presented. No ning him in custody anymore. The not attracted in this case since the as of non-commercial quantity. It is, o be allowed. earned State counsel has argued that ns as levelled against the petitioner, ubmissions made by learned counsel was went . On bore live The The d the ally been . He lude. . No The e the It is, that oner, unsel AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-68689- 6. The p found in conscio ammunitions. Rec effected from the whether money re contraband is of n to conclude since settled proposition incarceration shou the jail is to secu preventive or puni this Court is of the is not going to ser and the petitioner personal as wel Court/CJM/Duty M 7. In th conditions, the re seeking cancellatio 8. It is, be construed as an and shall not influ -2025 (O&M) 3 The petitioner alongwith the co-acc conscious possession of 99 grams s. Recovery of a sum of Rs.1,52,800 m the petitioner and the co-accused. ney recovered can be said to be drug is of non-commercial quantity. The tr ince no prosecution witness has be osition of law is that bail is the rule an n should not be replica of post-convict o secure appearance of the accused r punitive. Taking into consideration of the considered opinion that contin to serve any fruitful purpose. Accor itioner is ordered to be released on s well as surety bonds to the s Duty Magistrate concerned. In the eventuality of breach of the respondent-State shall be at lib cellation of the bail. It is, however, clarified that the obse s an expression of opinion of this C t influence the outcome of the trial in a accused is alleged to have been grams of heroin with arms and 2,800/- is also alleged to have been sed. It is a question of debate as to drug money or not? The recovered The trial will take considerable time has been examined so far. The well ule and jail is an exception. Pre-trial onviction sentencing. The object of cused during trial, and it cannot be eration the facts as discussed above, continued detention of the petitioner Accordingly, the petition is allowed d on bail subject to his furnishing the satisfaction of learned trial h of any of the aforementioned at liberty to move an application e observations made above shall not this Court on the merits of the case ial in any manner.  been and een as to d time well trial ct of t be ove, ioner wed hing trial oned ation l not case AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment. CRM-M-68689- 9. Since any, is rendered in 17.03.2026 Amit Sharma -2025 (O&M) 4 Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes    allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No  n, if AMIT SHARMA 2026.03.18 10:18 I attest to the accuracy and integrity of this order/judgment.