CRM-M-15389-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 335 CRM-M-15389-2025 (O&M) Date of decision: 11.08.2025 Lovepreet Singh @ Sonu ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Brijesh Nandan, Advocate for the petitioner. Mr. Roshandeep Singh, AAG, Punjab. MANISHA BATRA, J. (Oral) 1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 55 dated 11.05.2024, registered under Sections 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Sultanwind, Amritsar. 2. Brief facts of the case relevant for the disposal of the present petition are that on 11.05.2024, co-accused Tanveer Singh @ Tannu was apprehended by a police party headed by SI Prahlad Singh and recovery of 255 grams of heroin was effected from him. During the course of investigation, the above named co-accused disclosed that one Gubakshish Singh and himself were the residents of the same village and were involved in selling heroin. It was further disclosed that cousin brother of Gubakshish Singh, namely Mannu, who was popularly known by the name of ‘Wadda MOHAMMAD WASEEM ANSARI 2025.08.12 10:40 I attest to the accuracy and integrity of this document CRM-M-15389-2025 (O&M) -2- Veer’, was lodged in jail at Goindwal Sahib and he used to get them supplied heroin from some unknown person. The recovered contraband was also got supplied by aforesaid Mannu @ Wadda Veer and he was being paid an amount of Rs. 10,000/- for supply and receipt of heroin. On the basis of the same, Gubakshish Singh was nominated in the present case and was arrested on 29.05.2024. Co-accused Mannu @ Manpreet Singh was brought on production warrant on 03.06.2024 and on interrogation, he disclosed that he used to get heroin smuggled through Gubakshish Singh, Tanveer Singh and Nishan Singh @ Scooter. Accordingly, Nishan Singh @ Scooter was also nominated in this case and was arrested on 05.06.2024. Upon interrogation, he disclosed that his cousin Lovepreet Singh @ Sonu i.e. the present petitioner, who was lodged in jail, was involved in selling heroin by making Whatsapp calls on his mobile number. Accordingly, the petitioner was named as a co-accused in this case and was taken into custody by way of production warrant on 03.11.2024. After completion of necessary investigation and usual formalities, challan was presented before the Court on 21.11.2024 and presently, the petitioner along with co-accused facing trial for commission of aforementioned offences. 3. Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. He was neither named in the FIR nor was found present at the spot. He has been nominated in this case on the basis of the disclosure statement suffered by the co-accused, which is not admissible in evidence. No subsequent recovery has been effected from him. Even otherwise, investigation stands completed and challan has been filed. Conclusion of trial is likely to take time. The petitioner is in custody since MOHAMMAD WASEEM ANSARI 2025.08.12 10:40 I attest to the accuracy and integrity of this document CRM-M-15389-2025 (O&M) -3- 03.11.2024. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail. 4. Status report has been filed by the respondent-State. It is argued by learned State counsel that keeping in view the gravity of the allegations levelled against the petitioner as well as his antecedents, he is not entitled to get benefit of bail. It is also argued that if the petitioner is released on bail, he can abscond or indulge in similar offences. Hence, it is urged that the petition is liable to be dismissed. 5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record. 6. The petitioner has been nominated in this case on the basis of the disclosure statement suffered by the above named co-accused. The allegations against him are that he was indulged in selling heroin by making Whatsapp calls while sitting in jail. The allegations against him are quite serious in nature. A perusal of the status report reveals that he has been convicted in one similar case and is facing trial in five other cases of similar nature. In view thereof, the apprehension expressed by learned State counsel that if the petitioner is released on bail, he may abscond or indulge in similar offences, cannot be stated to be unfounded. The trial is going on and there is nothing on record to show that there would be any undue delay in conclusion of trial. Keeping in view the discussion as made above, the gravity of the allegations levelled against the petitioner, his criminal antecedents, the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the MOHAMMAD WASEEM ANSARI 2025.08.12 10:40 I attest to the accuracy and integrity of this document CRM-M-15389-2025 (O&M) -4- petitioner does not deserve to be granted benefit of regular bail, at this stage. Hence, the petition is dismissed. 7. It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case. 11.08.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.08.12 10:40 I attest to the accuracy and integrity of this document