CRM-M-32500 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND Sahil State of Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- MANISHA BATRA, J. 1. Nagarik Suraksha Sanhita, 2023 case bearing FIR No. 25 and 29 short ‘NDPS Act Kathu Nangal, District Amritsar (Rural). 2. petition are that that Harpreet Singh @ Lovely, who was involved in drug smuggling with Pakistan through drone and Raavi river bearing registration number PB sell heroin by SI Gopal Singh and 32500-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. H. S. Grewal, Advocate for the petitioner. Mr. Roshandeep Singh, AAG, Punjab. MANISHA BATRA, J. Prayer in this petition, filed Nagarik Suraksha Sanhita, 2023, is for grant of case bearing FIR No. 101 dated 05.09.2023 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 NDPS Act’) and Section 25 of the Arms Act, 1959 Kathu Nangal, District Amritsar (Rural). Brief facts of the case relevant for the purpose of disposal of this petition are that on 05.09.2023, on receipt of a that Harpreet Singh @ Lovely, who was involved in drug smuggling with n through drone and Raavi river, was coming in a car bearing registration number PB-02-EL-7922 heroin. A barrier was laid at the informed place by a police party headed by SI Gopal Singh and he was apprehended while coming in the said car. On IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32500-2025 (O&M) Reserved on : 23.07.2025 Pronounced on : 29.07.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Roshandeep Singh, AAG, Punjab. Prayer in this petition, filed under Section 483 of Bharatiya , is for grant of regular bail to the petitioner 05.09.2023, registered under Sections 21 Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, 1959 at Police Station Brief facts of the case relevant for the purpose of disposal of this on receipt of a secret information to the effect that Harpreet Singh @ Lovely, who was involved in drug smuggling with was coming in a car make Grand i 7922 from the side of Gurdaspur to as laid at the informed place by a police party headed was apprehended while coming in the said car. On -1- 2025 (O&M) 23.07.2025 29.07.2025 ...Petitioner ...Respondent Bharatiya to the petitioner in s 21-C, Narcotic Drugs and Psychotropic Substances Act, 1985 (for at Police Station Brief facts of the case relevant for the purpose of disposal of this the effect that Harpreet Singh @ Lovely, who was involved in drug smuggling with make Grand i-10 from the side of Gurdaspur to as laid at the informed place by a police party headed was apprehended while coming in the said car. On MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document CRM-M-32500 search of the car, recovery of 15 kgs. of heroin was effected. On interrogation, co-accused Harpreet Singh @ Lovely disclosed t Singh @ Gaggu @ Haddi, Rahul Singh, Gagangdeep Singh and Harpreet Singh @ Happy Jatt were involved in smuggling and sale of heroin. the course of investigation, the aforesaid car was found to be registered in the name of co also taken into custody in this case by way of production warrant as he was already in custody in connection with some other case. Upon interrogation, he disclosed that co involved with him in the sale of drugs. On the basis of the same, the petitioner was nominated in this case and was arrested on 24.01.2024. of necessary investigation and usual formalities, in the Court and presently, the petitioner trial for commission of afore 3. has been falsely implicated in this case. was found at the spot. disclosure statement suffered by co arraigned as accused on the basis of the disclosure statement made by co-accused. co-accused Gagandeep Singh, who was directly named by the main accused Harpreet Singh @ Lovely, from whom the contraband was recovered, has been granted concession of antici 22.04.2024 passed in 32500-2025 (O&M) search of the car, recovery of 15 kgs. of heroin was effected. On interrogation, accused Harpreet Singh @ Lovely disclosed t Singh @ Gaggu @ Haddi, Rahul Singh, Gagangdeep Singh and Harpreet Singh @ Happy Jatt were involved in smuggling and sale of heroin. the course of investigation, the aforesaid car was found to be registered in the co-accused Gurwinder Singh @ Guri also taken into custody in this case by way of production warrant as he was already in custody in connection with some other case. Upon interrogation, he disclosed that co-accused Sakattar Singh involved with him in the sale of drugs. On the basis of the same, the petitioner was nominated in this case and was arrested on 24.01.2024. of necessary investigation and usual formalities, in the Court and presently, the petitioner ial for commission of aforementioned offences. 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 disclosure statement suffered by co-accused Rahul Singh, who himself was arraigned as accused on the basis of the disclosure statement made by accused. No subsequent recovery was effected from him. accused Gagandeep Singh, who was directly named by the main accused Harpreet Singh @ Lovely, from whom the contraband was recovered, has been granted concession of anticipatory bail by this Court, vide order dated 22.04.2024 passed in CRM-M-11864-2024 search of the car, recovery of 15 kgs. of heroin was effected. On interrogation, accused Harpreet Singh @ Lovely disclosed that he along with Gagandeep Singh @ Gaggu @ Haddi, Rahul Singh, Gagangdeep Singh and Harpreet Singh @ Happy Jatt were involved in smuggling and sale of heroin. During the course of investigation, the aforesaid car was found to be registered in the accused Gurwinder Singh @ Guri. Co-accused Rahul Singh was also taken into custody in this case by way of production warrant as he was already in custody in connection with some other case. Upon interrogation, he accused Sakattar Singh and the present petitioner were involved with him in the sale of drugs. On the basis of the same, the petitioner was nominated in this case and was arrested on 24.01.2024. After completion of necessary investigation and usual formalities, challan under was presented in the Court and presently, the petitioner along with the co-accused is facing mentioned offences. Learned counsel for the petitioner has argued that the petitioner He was neither named in the FIR nor He has been nominated in this case on the basis of the accused Rahul Singh, who himself was arraigned as accused on the basis of the disclosure statement made by another No subsequent recovery was effected from him. Even otherwise, accused Gagandeep Singh, who was directly named by the main accused Harpreet Singh @ Lovely, from whom the contraband was recovered, has patory bail by this Court, vide order dated 2024. Even co-accused Shehbaz Singh -2- search of the car, recovery of 15 kgs. of heroin was effected. On interrogation, hat he along with Gagandeep Singh @ Gaggu @ Haddi, Rahul Singh, Gagangdeep Singh and Harpreet During the course of investigation, the aforesaid car was found to be registered in the accused Rahul Singh was also taken into custody in this case by way of production warrant as he was already in custody in connection with some other case. Upon interrogation, he and the present petitioner were involved with him in the sale of drugs. On the basis of the same, the petitioner After completion s presented is facing Learned counsel for the petitioner has argued that the petitioner He was neither named in the FIR nor on the basis of the accused Rahul Singh, who himself was another Even otherwise, accused Gagandeep Singh, who was directly named by the main accused Harpreet Singh @ Lovely, from whom the contraband was recovered, has patory bail by this Court, vide order dated Shehbaz Singh MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document CRM-M-32500 @ Sunny @ Sehbaj Singh been granted concession of regular bail by this Court, vide order 14.02.2025 29594-2024 On the grounds of parity, the petitioner too deserves the benefit of bail. in judicial custody since purpose would be served by keeping him in custody anymore. It is, therefore, urged that the petition deserves to be allowed. 4. Assistant Advocate gravity of the allegations, the petitioner is not entitled to get benefit of bail. Hence, it is urged that 5. and have also gone through the record carefully. 6. disclosure statement suffered by co have been arraigned as statement made by another co have been effected from the petitioner. was directly named by the main accused Harpreet Singh @ Lovely, has been granted concession of a Sunny @ Sehbaj Singh been granted concession of regular bail by this Court, as mentioned above. The petitioner is in custody since 32500-2025 (O&M) @ Sunny @ Sehbaj Singh, Sakatar Singh been granted concession of regular bail by this Court, vide order 14.02.2025, 05.03.2025 and 07.03.2025 2024, CRM-M-50038-2024 and the grounds of parity, the petitioner too deserves the benefit of bail. in judicial custody since 20.01.2024. Trial is likely to take time. purpose would be served by keeping him in custody anymore. It is, therefore, urged that the petition deserves to be allowed. Status report has been filed by the respondent Assistant Advocate General, Punjab has argued that keeping in view the gravity of the allegations, the petitioner is not entitled to get benefit of bail. Hence, it is urged that the petition is liable to be dismissed. I have heard learned counsel for the parties at cons and have also gone through the record carefully. The petitioner has been nominated in this case disclosure statement suffered by co-accused Rahul Singh, who is stated to have been arraigned as an accused in this case statement made by another co-accused. No subsequent recovery is shown to have been effected from the petitioner. C was directly named by the main accused Harpreet Singh @ Lovely, has been d concession of anticipatory bail, whereas co Sunny @ Sehbaj Singh, Sakatar Singh and Gruwinder Singh @ Guri been granted concession of regular bail by this Court, as mentioned above. The petitioner is in custody since 20.01.2025 Sakatar Singh and Gurwinder Singh @ Guri have been granted concession of regular bail by this Court, vide orders dated and 07.03.2025 passed by this Court in CRM and CRM-M-53236-2024, respectively the grounds of parity, the petitioner too deserves the benefit of bail. He is . Trial is likely to take time. No useful purpose would be served by keeping him in custody anymore. It is, therefore, urged that the petition deserves to be allowed. Status report has been filed by the respondent-State. Learned General, Punjab has argued that keeping in view the gravity of the allegations, the petitioner is not entitled to get benefit of bail. ition is liable to be dismissed. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. The petitioner has been nominated in this case on the basis of the accused Rahul Singh, who is stated to in this case on the basis of the disclosure No subsequent recovery is shown to Co-accused Gagandeep Singh, who was directly named by the main accused Harpreet Singh @ Lovely, has been nticipatory bail, whereas co-accused Shehbaz Singh @ and Gruwinder Singh @ Guri have been granted concession of regular bail by this Court, as mentioned above. 20.01.2025. Although, challan has been -3- have dated CRM-M- respectively. He is No useful purpose would be served by keeping him in custody anymore. It is, therefore, Learned General, Punjab has argued that keeping in view the gravity of the allegations, the petitioner is not entitled to get benefit of bail. length on the basis of the accused Rahul Singh, who is stated to on the basis of the disclosure No subsequent recovery is shown to accused Gagandeep Singh, who was directly named by the main accused Harpreet Singh @ Lovely, has been Shehbaz Singh @ have been granted concession of regular bail by this Court, as mentioned above. has been MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document CRM-M-32500 presented but means that the trial facts and circumstances would be served by keeping the present petition regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. prosecution to apply for cancellation involved in any other subsequent case. 7. for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case 29.07.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 32500-2025 (O&M) presented but only one prosecution witness has been examined so far, which means that the trial is substantially delayed and circumstances, I am of the considered opinion that would be served by keeping the petitioner 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. prosecution to apply for cancellation of bail in case the involved in any other subsequent case. 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. 29.07.2025 Whether speaking/reasoned Whether reportable prosecution witness has been examined so far, which substantially delayed. Keeping in view the aforesaid , I am of the considered opinion that no useful purpose the petitioner in custody anymore. Accordingly, 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 of bail in case the petitioner is found 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 (MANISHA BATRA) JUDGE Yes/No Yes/No -4- prosecution witness has been examined so far, which Keeping in view the aforesaid seful purpose Accordingly, is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction However, it will be open for the is found 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 MOHAMMAD WASEEM ANSARI 2025.07.29 10:42 I attest to the accuracy and integrity of this document