CRM-M-20408-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 212 CRM-M-20408-2025 Date of decision: 25.04.2025 ANGREZ SINGH @ ANGREJ SINGH ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. P.S. Sekhon, Advocate for the petitioner. Mr. Jasdeep Singh, DAG, Punjab. SANJAY VASHISTH. J.(Oral) 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Angrez Singh @ Angrej Singh 13 07.02.2025 15 and 29 of NDPS Act Cantt. Jalandhar Jalandhar 2. Learned counsel for the petitioner submits that as per the contents of the FIR it is co-accused-Baldev Singh only from whom initially 20 KG of poppy husk was recovered. Subsequently on the basis of the disclosure statement, poppy husk weighing 20 KG more was recovered at the instance of Baldev Singh and on 09.02.2025, when the name of petitioner was disclosed by Baldev Singh, 20 KG of Poppy husk was shown to have been recovered from the petitioner. All these AMANDEEP GOSAIN 2025.04.26 08:09 I attest to the accuracy and integrity of this order/judgment CRM-M-20408-2025 - 2- facts are though not mentioned in the FIR but this is how the case of recovery of total 60 KG of poppy husk has been built up at different occassions. Counsel further submits that there is no other case registered against the petitioner under the NDPS Act and therefore, the petitioner is falsely involved in the present case. And prays for grant of regular bail. 3. Learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, submits that co-accused Baldev Singh and petitioner are the real brothers and jointly deal in the business of smuggling of drugs, thus, he opposes the contention of learned counsel for the petitioner. However, it is not disputed that in fact it is the first case against the petitioner and quantity recovered is non-commercial, which is much less to the 50 KG. He further opposes the bail of the petitioner by submitting that incarceration of the petitioner is not that long because he was arrested in recent past on 09.02.2025. 5. After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance, this Court finds that the recovery from the petitioner is based on the disclosure statement of co-accused Baldev Singh, and the quantity recovered is much less than the maximum of the non- commercial quantity. While considering the plea of bail of the petitioner, it cannot be ignored that the petitioner is not projected as an accused in any other case under the NDPS Act. 6. In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioner. 7. Consequently, prayer made in the present petition is allowed. AMANDEEP GOSAIN 2025.04.26 08:09 I attest to the accuracy and integrity of this order/judgment CRM-M-20408-2025 - 3- Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 8. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 9. The observation made hereinabove shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record. 10. It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. 11. Petition stands disposed of. (SANJAY VASHISTH) 25.04.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.04.26 08:09 I attest to the accuracy and integrity of this order/judgment