CRM-M No.24031 of 2024 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 ***** CRM-M No.24031 of 2024 (O & M) Date of decision : 15.7.2025 Satbir Singh ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. R.S. Toor, Advocate, for Mr. J.S. Thind, Advocate, for the petitioner Mr. Gurmeet Singh, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in case FIR No.147 dated 24.7.2023, under Sections 21-C (61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 Act, not charge sheeted (Section 29 of NDPS Act added later on) and Section 201 of IPC, registered at Police Station Baragudha, District Sirsa. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘Today, I ASI alongwith Constable Karambir Singh No. 525, Sirsa and Govt. Vehicle No. HR 57 9141 Driver ESI Rai Sahab No. 1187 Sirsa alongwith personal Laptop and Printer were on petroling duty at NH 9 put a Nakka at Panimotta to Sahuwala Pratham. That one person having pithu bag on his right hand was coming from NH-9 and going to sahuwala pratham. That on seeing the police vehicle immediately, started walking Ashwani Kumar 2025.07.15 16:35 I attest to the accuracy and integrity of this document CRM-M No.24031 of 2024 (O & M) -2- fast at kanal platform, on which i ASI, with the help of fellow employees ran and controlled him. After finding out his name Satbir Singh son of Prithvi Singh resident of Peerawali. That on suspicion of having any intoxicant substance in the bag pack help by accused Satbir Singh in his right hand, i ASI gave his notice to him under section 50 of NDPS Act. That i am ASI Pradeep Kumar No. 1364/Sirsa, Police Station Baraghuda have a suspect on you that your having intoxicant substance, hence, you have to be searched illegally. You have been right to check youself from any gazetted officer. Explain yourself the situation. On which Satbir Singh replied to my notice that i Satbir Singh son of Prithvi Singh resident of Peeranwali has read and heard and understood the notice. I want myself and my bag pack to be checked in presence of any gazetted officer. Gazetted Officer may kindly be called on the spot. On the notice and the reply to witnesses and Satbir Singh made their respective signatures. Than at 12 A.M., Gazetted Officer Sh. Raj Kumar, Principle Govt, Govt. School. Faggu appointed by Deputy Commissioner, Sirsa contact him on phone No. 94162-53369 from his mobile No. 70151-58915 and requested him to come to the spot. After waiting, Gazetted Officer Mr. Raj Kumar, Principle arrived at the spot, than i presented the above named person Satbir Singh alongwith his bag pack before him. Who introduced himself to said person Satbir and interrogated him and then gazetted officer searched me and leaving no stone unturned, ordered me to search Satbir Singh and his bag pack. As per the instruction of gazetted officer Mr. Raj Kumar, Principle resident of faggu. I searched person Satbir Singh as per the rule during the search no check was recovered from the Satbir Singh. Then as per the order to the gazetted officer, i search Satbir Singh holding bag pack in his right hand. The search of bag was carried as per the rules and when Satbir Singh opened the bag of black colour held in his right hand and checked it, inside it was found Heroin (Chitta) in a transparent foil in a black envelop, when wait on computerised machine transparent panni alongwith 300 grams Heroin (Chitta) was recovered. After preparing the planda sealed it with PK/3. And presented the seal Heroin Sample before Gazetted Officer Mr. Raj Kumar, Principle sealed 300 grams planda Heroin (Chitta) and sample sealed with his seal SS/I, which was seized and property seizure documents in the police as proof of prison. The above and the witness put their signature of the property after keeping the seal, the sample seal was handed over to ESI Rai Saheb No. 1187 Sirsa and Ashwani Kumar 2025.07.15 16:35 I attest to the accuracy and integrity of this document CRM-M No.24031 of 2024 (O & M) -3- Gazetted Officer Shri Raj Kumar Principal verified the property, Seizure Memo, Palanda Heroin (Chitta) and sample seal and after using the seal, the Gazetted Officer kept it with himself. Satbir Singh himself told that this heroine belongs to me and Ranjit Singh, son of Lal Singh, resident of Peerawali, whose mobile number is 87082-15036, which we both do the business of heroine together. Which I bring from the back then i give it to Ranjeet to sell. We divide the profits among themselves. The name of the person from whom I had brought the heroin is Mitta, resident of Jalalabad. It is Ranjeet who talks about the transaction of heroin with Mitta. Only Ranjeet can tell Mitta's complete address. Since the said Satbir Singh had committed crime under section 21C/29/61/85 NDPS ACT by keeping 300 grams of heroin in his possession and the said Ranjeet and Metta had given it for sale, a complaint has been lodged against them, case has been filed against constable Karmaveer Singh number 525 police station. It is Arsal police station of Badagudha and should be informed through the registered case number. For further investigation, another researcher should be sent to the spot. I ASI alongwith the accused and the recovered property at the present at the spot. Sd/- Pardeep Kumar ASI S. Deputy Inspector Pradeep.’ 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 24.7.2023. Learned counsel has further argued that the mandatory provision of NDPS Act has not been complied with and therefore, the prosecution case sufferes from inherent defects. Learned counsel has further submitted that the petitioner is a man with clean antecedents. Learned counsel has further referred, in extenso, the zimni orders passed by the trial Court to argue that the prosecution witnesses are not turning up repeatedly despite having been issues non-bailable warrants. Learned counsel has argued that the petitioner has been languishing in jail owing to the laxity of the State. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by Ashwani Kumar 2025.07.15 16:35 I attest to the accuracy and integrity of this document CRM-M No.24031 of 2024 (O & M) -4- arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel has further iterated that the petitioner is accused of offence pertaining to commercial quantity under the NDPS Act, and thus, his bail petition is barred in view of the Section 37 of the Act. Learned State counsel seeks to place on record custody certificate dated 14.7.2025 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 24.7.2023 whereinafter investigation was carried out and challan was presented on 15.1.2024. Charges in the case were framed on 29.1.2024. Total 13 prosecution witnesses have been cited but only two witnesses have been examined and one has been given up. A perusal of the zimni orders brought forth indicates that the prosecution is being carried out in a lackadaisical manner. This factum by itself, in the considered opinion of this Court entitles the petitioner for grant of regular bail in view of the dicta passed by this Court in CRM-M No.64074 of 2024 titled Kulwinder v. State of Punjab, decided on 10.1.2025 (neutral citation no.2025:PHHC:002695). The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the Ashwani Kumar 2025.07.15 16:35 I attest to the accuracy and integrity of this document CRM-M No.24031 of 2024 (O & M) -5- process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 14.7.2025 filed by learned State counsel, the petitioner has suffered incarceration of more than one year, eleven months and twenty days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those Ashwani Kumar 2025.07.15 16:35 I attest to the accuracy and integrity of this document CRM-M No.24031 of 2024 (O & M) -6- which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Pending miscellaneous application(s), if any, stand disposed of accordingly. (SUMEET GOEL) JUDGE 15.7.2025 Ashwani Whether speaking/reasoned: Yes/No Whether reportable: Yes/No Ashwani Kumar 2025.07.15 16:35 I attest to the accuracy and integrity of this document