CRM-M-73423- IN THE H (126) AMIT KUMAR STATE OF PUNJ CORAM: HON Present: Mr. Ms. S MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S Substances Act (fo 2. As pe received to the e sitting on the step hand a polythene e his customer and -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH AR Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Mr. Rajiv Kumar Saini, Advocate for Ms. Sakshi Bakshi, AAG, Punjab **** BATRA, J. (ORAL) The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 21(C) and 29 of Narc Act (for short “NDPS”) at Police Statio As per the allegations, on 17.10.20 the effect that one Deepak Kumar e steps in front of a closed shop on J thene envelope having narcotic substa d if raid was conducted, he could b JAB AND HARYANA AT ARH CRM-M-73423-2025 (O&M) Date of decision : 17.03.2026 ... Petitioner ...Respondent ANISHA BATRA ate for the petitioner preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.154 dated 17.10.2024 f Narcotic Drugs and Psychotropic e Station Dinanagar, Gurdaspur. .10.2024, a secret information was umar alongwith Manohar Lal was p on Jandi Bypass by holding in his substance that was to be delivered to could be apprehended. Believing the M) 2026 oner dent nder SS”) 2024 ropic was was n his to g the AMIT SHARMA 2026.03.17 14:06 I attest to the accuracy and integrity of this order/judgment. CRM-M-73423- secret information was apprehended b was effected from the Police. He w 18.10.2024 to the in-law Amit Kum Vipenpreet Singh. Vipenpreet Singh on 19.10.2024. T Baljinder Singh @ collected from Jas they were also no subsequently. Inv 3. It is a falsely implicated the co-accused De evidence. He is in to conclude as no antecedents are c attracted qua him custody anymore. Singh @ Jas hav deserves to be ex petition deserves t -2025 (O&M) 2 ation to be true, search was conducte nded by the Police party and recovery d from his conscious possession, whi He was formally arrested. He suffe to the effect that the heroin was hand it Kumar i.e. the present petitioner Singh. On the basis of his disclosure Singh were nominated as the accused 24. The petitioner suffered disclosur ingh @ Bhinda called him to collect m Jaskaran Singh @ Jas and Gurvind lso nominated as additional accused. y. Investigation now stands completed It is argued by learned counsel for t icated in this case merely on the basis sed Deepak Kumar, which cannot be c e is in custody since 19.10.2024. Tr as none of the prosecution witnesses are clean. The rigors of Section 3 a him. No useful purpose would b more. The co-accused Gurwinder C s have already been extended benef be extended the benefit of bail. It erves to be allowed. nducted and accused Deepak Kumar covery of 01 Kg 350 grams of heroin n, which was taken into custody by suffered a disclosure statement on s handed over to him by his brother- tioner to deliver the same to one closure statement, the petitioner and ccused. The petitioner was arrested sclosure statement to the effect that ollect the heroin and the same was urvinder Chand @ Kabra. As such used. The co-accused were arrested pleted. l for the petitioner that he has been e basis of the disclosure statement of ot be considered to be admissible in . Trial will take considerable time es has been examined so far. His tion 37 of the NDPS Act are not uld be served by detaining him in nder Chand @ Kewra and Jaskaran benefit of bail. On parity, he too ail. It is, therefore, urged that the umar eroin y by t on - one r and ested that was such ested been nt of le in time His not m in aran too t the AMIT SHARMA 2026.03.17 14:06 I attest to the accuracy and integrity of this order/judgment. CRM-M-73423- 4. Status respondent-State. gravity of the alle benefit of bail. It i 5. This C for the parties at co 6. The p co-accused which disclosed by the co contraband from (2021) 4 SCC 1, statements made u unless corroborat disclosure stateme trial, however, at effected from the year 04 months a connect the petiti connected with the has been complet prosecution witne been granted conc facts and circumst -2025 (O&M) 3 Status report and custody certifica State. Learned State counsel has arg e allegations levelled against the peti ail. It is, thus, argued that the petition i This Court has heard the rival submis es at considerable length. The petitioner is alleged to have su which is commercial quantity. The the co-accused. As per his disclosure from the petitioner. In Tofan Sing 1, it was observed by Hon’ble A ade under Section 67 of NDPS Act oborated by independent material. tatement against the petitioner will b er, at this stage, it cannot be ignore m the petitioner. The petitioner is in c nths and 23 days. There is nothing petitioner either with the subject cr ith the co-accused in any manner at t mpleted. Conclusion of trial would witness has been examined so far. d concession of bail by this Court. K rcumstances, this Court is of the cons ertificate have been filed by the as argued that keeping in view the e petitioner, he is not entitled to get tition is liable to be dismissed. ubmissions made by learned counsel ave supplied the contraband to the The name of the petitioner was closure statement, he had sourced the Singh Vs. State of Tamil Nadu, ’ble Apex Court that the disclosure S Act, are inadmissible in evidence terial. While the veracity of the will be tested during the course of ignored that no recovery has been is in custody for over a period of 01 nothing on record, at this stage, to ject crime or to show that he was t the relevant time. Investigation ould take considerable time as no o far. The co-accused have already ourt. Keeping in view the aforesaid e considered opinion that no useful the the o get unsel the was d the du, sure nce the se of been of 01 e, to was ation no eady said seful AMIT SHARMA 2026.03.17 14:06 I attest to the accuracy and integrity of this order/judgment. CRM-M-73423- purpose would be into consideration comments on the manner, the prese released on bail, satisfaction of the concerned. 7. Howe cancellation of b subsequent case. 8. Since any, is rendered in 17.03.2026 Amit Sharma -2025 (O&M) 4 uld be served by keeping the petitione ration the above discussed facts but n the merits of the case lest the sa present petition is allowed and th bail, subject to his furnishing perso of the learned trial Court/Chief Judici However, it will be open for th of bail in case the petitioner is f case. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No titioner in custody anymore. Taking but without meaning to make any the same prejudice the trial in any nd the petitioner is ordered to be personal and surety bonds to the Judicial Magistrate/Duty Magistrate for the prosecution to apply for r is found involved in any other allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No king any any o be the trate for other n, if AMIT SHARMA 2026.03.17 14:06 I attest to the accuracy and integrity of this order/judgment.