CRM-M-26094-2025 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH 231 CRM-M-26094-2025 (O&M) Date of decision : 02.09.2025 Sartaj Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. B. S. Bhalla, Advocate for the petitioner. Ms. Sakshi Bakshi, 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. 13 dated 27.02.2024, registered under Sections 21-C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Kathunangal, District Amritsar. 2. Brief facts of the case relevant for the disposal of the present petition are that on 27.02.2024, co-accused Sukhdev Singh was apprehended by a police party headed by ASI Ajit Singh and recovery of 270 grams of heroin was effected from him. Upon interrogation, he disclosed that he had purchased the recovered contraband from the present petitioner. On the basis of the same, the petitioner was nominated in this case as an accused and was arrested on 28.08.2024. After completion of necessary investigation and usual formalities, challan under Section 173 of Cr.P.C. was presented in the Court MOHAMMAD WASEEM ANSARI 2025.09.02 17:48 I attest to the accuracy and integrity of this document CRM-M-26094-2025 (O&M) -2- and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offences. 3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. He was neither named in the FIR nor was found at the spot. He has been nominated in this case on the basis of the disclosure statement suffered by the above named co-accused, which is not admissible in evidence. After his arrest, no recovery has been effected from him. The petitioner is not involved in any other case and has clean antecedents. Even otherwise, investigation stands completed and challan has been filed. Conclusion of trial is likely to take time as no prosecution witness has been examined so far. The petitioner has been in custody since 28.08.2024. 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 along with the custody certificate of the petitioner has been filed by the respondent-State. Learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner as well as his criminal antecedents, he is not entitled to get benefit of bail. It is, thus, argued 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 made by co-accused Sukhdev Singh, who was apprehended by the police party on 27.02.2024 and from whom, recovery of 270 grams of heroin was effected. The petitioner is alleged to the supplier of the recovered MOHAMMAD WASEEM ANSARI 2025.09.02 17:48 I attest to the accuracy and integrity of this document CRM-M-26094-2025 (O&M) -3- contraband. However, no recovery is shown to have been effected from him subsequent to his arrest. Investigation has since been completed and challan has been presented. Conclusion of trial would obviously take time as no prosecution witness has been examined so far. Pendency of other cases against the petitioner cannot be made a ground to deny him the concession of bail in given circumstances. Keeping in view the aforesaid facts and circumstances, I am of the considered opinion that no useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found involved in any other subsequent case. 7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case. 02.09.2025 (MANISHA BATRA) Waseem Ansari Waseem Ansari Waseem Ansari Waseem Ansari JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHAMMAD WASEEM ANSARI 2025.09.02 17:48 I attest to the accuracy and integrity of this document