IN THE HIGH COURT OF PUNJAB & HARYANA 223 SHAMSHER SINGH @ SAMMA STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J. 1. of regular bail in case FIR No. 22of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station present petition filed by the petitioner one having been dismissed on merits 2. in circumstances for the petitioner has would warrant 3. arguments similar to those made dismissed on 10.01.2025 recovery made; no independent witnesses were associated at the time of the alleged recovery. been in custody since 26.05.2022, and the trial is being unduly delayed 4. submissions made by lea this is a successive IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: May SHAMSHER SINGH @ SAMMA Versus PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Jashandeep .S. Sandhu, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab MANJARI NEHRU KAUL, J. The petitioner, through the instant petition, is seeking the of regular bail in case FIR No.60 dated 26.05.2022 under Sections 21 and of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Kot Ise Khan, District Moga present petition filed by the petitioner is the 4 one having been dismissed on merits by this Court on 10.01.2025. On a specific query by this Court regarding any material change in circumstances since the dismissal of the previous for the petitioner has failed to point out any would warrant a reconsideration of the prayer for bail Learned counsel for the petitioner has merely reiterated arguments similar to those made at the time of previous petition, which was dismissed on 10.01.2025, that the petitioner has no recovery made; no independent witnesses were associated at the time of the alleged recovery. In addition, it has been submitted that been in custody since 26.05.2022, and the trial is being unduly delayed Per contra, learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner and submitted that this is a successive bail petition with no change in material circumstances. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-20935-2025 Date of decision: May 23, 2025 ...Petitioner ...Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL , Advocate Amit Rana, Sr. DAG, Punjab. through the instant petition, is seeking the grant 26.05.2022 under Sections 21 and of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered Moga. It is pertinent to note that the is the 4th such petition, the previous by this Court on 10.01.2025. On a specific query by this Court regarding any material change previous petition, learned counsel failed to point out any substantial development that the prayer for bail. Learned counsel for the petitioner has merely reiterated the at the time of previous petition, which was , that the petitioner has no direct nexus with the recovery made; no independent witnesses were associated at the time of the ion, it has been submitted that the petitioner has been in custody since 26.05.2022, and the trial is being unduly delayed. , learned State counsel has opposed the prayer and rned counsel for the petitioner and submitted that bail petition with no change in material circumstances. ...Petitioner ...Respondent grant 26.05.2022 under Sections 21 and of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered inent to note that the such petition, the previous On a specific query by this Court regarding any material change earned counsel substantial development that the at the time of previous petition, which was direct nexus with the recovery made; no independent witnesses were associated at the time of the the petitioner has , learned State counsel has opposed the prayer and rned counsel for the petitioner and submitted that bail petition with no change in material circumstances. Jaspreet Kaur 2025.05.26 08:50 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20935 On further instructions, learned State counsel has submitted that now at an advanced examined, and the next date fixed before the learned trial Court is 09.06.2025. In addition, learned State counsel has referred to the huge recovery of contraband effected ( heroin), which clearly falls under the ‘commercial’ quantity, thereby attracting the rigor of Section 37 of the NDPS Act. 5. relevant material placed on record. 6. petition of the petitioner few months ago. The petitioner has failed to disclose any new facts or change in circumstances, that would persuade this Court to view from what has already been recorded earlier. 7. grave and serious in nature, involving the illegal procurement and potential distribution of narcotics. ground to extend the concession of regular bail to the petitioner. 8. 9. shall not be construed to be an exp case. May 23, 2025 Jaspreet Kaur 20935-2025 On further instructions, learned State counsel has submitted that now at an advanced stage, with 10 out of 13 prosecution witnesses already xamined, and the next date fixed before the learned trial Court is 09.06.2025. In addition, learned State counsel has referred to the huge recovery of contraband effected (33.7 grams of E , which clearly falls under the ‘commercial’ quantity, thereby attracting the rigor of Section 37 of the NDPS Act. I have heard learned counsel for the parties and perused the relevant material placed on record. This Court is unable to ignore the fact that the previous bail of the petitioner was considered and dismissed on merits barely a few months ago. The petitioner has failed to disclose any new facts or change in circumstances, that would persuade this Court to view from what has already been recorded earlier. Moreover, the allegations against the petitioner are grave and serious in nature, involving the illegal procurement and potential distribution of narcotics. Accordingly, this Court finds no extend the concession of regular bail to the petitioner. Accordingly, the instant petition stands dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the , 2025 Whether speaking/reasoned Whether reportable -2- On further instructions, learned State counsel has submitted that the trial is stage, with 10 out of 13 prosecution witnesses already xamined, and the next date fixed before the learned trial Court is 09.06.2025. In addition, learned State counsel has referred to the huge grams of Etizolam and 15 grams of , which clearly falls under the ‘commercial’ quantity, thereby attracting the rigor of Section 37 of the NDPS Act. I have heard learned counsel for the parties and perused the is unable to ignore the fact that the previous bail considered and dismissed on merits barely a few months ago. The petitioner has failed to disclose any new facts or change in circumstances, that would persuade this Court to take a different view from what has already been recorded earlier. Moreover, the allegations against the petitioner are prima facie grave and serious in nature, involving the illegal procurement, possession Accordingly, this Court finds no extend the concession of regular bail to the petitioner. Accordingly, the instant petition stands dismissed. However, it is made clear that anything observed hereinabove ression of opinion on the merits of the (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No the trial is stage, with 10 out of 13 prosecution witnesses already xamined, and the next date fixed before the learned trial Court is 09.06.2025. In addition, learned State counsel has referred to the huge and 15 grams of , which clearly falls under the ‘commercial’ quantity, thereby I have heard learned counsel for the parties and perused the is unable to ignore the fact that the previous bail considered and dismissed on merits barely a few months ago. The petitioner has failed to disclose any new facts or a different prima facie , possession Accordingly, this Court finds no However, it is made clear that anything observed hereinabove ression of opinion on the merits of the Jaspreet Kaur 2025.05.26 08:50 I attest to the accuracy and integrity of this document Chandigarh