CRM-M-11231-2025 -1- 236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11231-2025 Date of Decision: 18.03.2025 Balwinder Singh …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Vikram Satpal Anand, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the third petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to him in case FIR No.70 dated 28.07.2019 registered under Sections 21/27-A/29/61/85 of NDPS Act, at Police Station Special Task Force, Phase IV, Mohali, District STF Wing. 2. As per case of the prosecution, on 28.07.2019, the petitioner was intercepted while coming in car. During search of the car, 1 kg heroin was recovered from him. Thereafter, on his disclosure statement, an amount of Rs.1.2 crore was recovered as drug money. 3. Learned counsel for the petitioner submits that the petitioner was arrested in the present case on 28.07.2019 and has undergone more than 05 years and 7 months of custody. He further submits that the petitioner is a farmer and is into sugarcane farming and the money is paid by sugarcane factories to HEMLATA 2025.03.21 02:01 I attest to the accuracy and integrity of this document CRM-M-11231-2025 -2- the farmers. He further submits that only 17 witnesses, out of total 20 witnesses, have been examined so far. Learned counsel for the petitioner has relied upon the law laid down by the Hon'ble Supreme Court in the matter of SLP No. 6690 of 2022, titled as “Dheeraj Kumar Shukla Vs. State of Uttar Pradesh”, in which the Hon'ble Supreme Court held as follows:- “2. The allegations are that on a secret information, the police au- thorities intercepted two vehicles on 23.06.2020 i.e. one 'Gray' coloured 'Honda City' car and the second 'White' coloured ' Swift Dzire' car. On an interrogation at the spot, Praveen Maurya @ Puneet Maurya, Rishab Kumar Maurya and Dheeraj Kumar Shukla were found to be occupants of the 'Honda City' car whereas the petitioner was driving the 'Swift Dzire' car. On taking a search, more than 92 kgs. Ganja was allegedly recovered from 'Honda City' car where as more than 65 kgs. Ganja was recovered from 'Swift Dzire' Car. The accused were arrested at the spot. The petitioner is, thus, in custody since 24.06.2020. 3. It appears that some of the occupants of the 'Honda City' Car including Praveen Maurya @ Puneet Maurya have since been released on regular bail. It is true that the quantity recovered from the petitioner is commercial in nature and the provisions of Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed. 4. For the reasons stated above but without expressing any views on the merits of the case, the petitioner is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the trial Court.” HEMLATA 2025.03.21 02:01 I attest to the accuracy and integrity of this document CRM-M-11231-2025 -3- 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the quantity of contraband recovered from the petitioner is commercial in nature and the rigors of Section 37 of NDPS Act would apply to the facts of the present case. However, learned State counsel admits that there is no other criminal case under NDPS Act against the present petitioner. 5. I have heard learned counsel for the parties and perused the record. 6. In the present case, the petitioner was arrested on 28.07.2019 and is in custody for the last more than 05 years and 07 months. There is no other criminal case against him. 7. Consequently, keeping in view the above stated facts and the law laid down by the Hon'ble Supreme Court in the matter of Dheeraj Kumar Shukla's case (Supra) , the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/ subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducment, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. HEMLATA 2025.03.21 02:01 I attest to the accuracy and integrity of this document CRM-M-11231-2025 -4- (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously and the prosecution shall be at liberty to move a petition for cancellation of bail granted to him. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bail bonds and surety bonds of the petitioner. 8. Pending application, if any, is also disposed of. (N.S.SHEKHAWAT) 18.03.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.03.21 02:01 I attest to the accuracy and integrity of this document