CRM-M-39287-2025 & CRM-M-46069-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 221 Date of decision: 10.09.2025 1. CRM-M-39287-2025 LOVEDEEP SINGH ....Petitioner Versus STATE OF PUNJAB ...Respondent 2. CRM-M-46069-2025 RAJESH KUMAR @ BOBBY @ RAJESH SHARMA ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Ms. Shivani Sharma, Advocate for the petitioner in CRM-M-39287-2025. Mr. Bipan Ghai, Advocate Sr. with Mr. Nikhil Ghai, Advocate for the petitioner in CRM-M-46069-2025. Mr. Manjinder Singh Bhullar, DAG, Punjab. SANJAY VASHISTH. J.(Oral) 1. This order shall dispose of two petitions i.e. CRM-M-39287-2025 and CRM-M-46069-2025, as the same have emanated out of the same occurrence. 2. These petitions have been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioners, during pendency of the trial, who have been booked in a criminal case arising out of First Information Report, as detailed hereunder:- AMANDEEP GOSAIN 2025.09.12 12:10 I attest to the accuracy and integrity of this order/judgment CRM-M-39287-2025 & CRM-M-46069-2025 - 2- Name of Petitioner(s) FIR No. Date Section(s) Police Station RAJESH KUMAR BOBBY 22 21.01.2025 21-C, 25, 27-A and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Sections 309(4) and 191(3) read with Section 190 of BNS, 2023 Anit-Narcotics Task Force (STF), SAS Nagar LOVEDEEP SINGH 22 21.01.2025 21-C, 25, 27-A, 29, 61 and 85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Section 201 IPC, ANTF (STF), SAS Nagar 3. To understand the involvement of the accused and recoveries effected from them, relevant facts are noticed from the order dated 12.05.2025, passed by the Co-ordinate Bench of this Court in CRM-M-16156-2025. 4. (i) Harjinder Singh @ Ajay and Harmanjeet Singh @ Harry were arrested on 22.01.2025, and alleged recovery of 263 grams heroin alongwith Rs. 5,60,000/- (drug money) was effected from Scooter (Activa), on which they were travelling. (ii) During investigation, on the basis of disclosure made by above accused, four other persons, namely, (i) Harminder Singh @ Harry; (ii) Tanush Setia; (iii) Saurav Mahajan; and (iv) Harbhej Singh @ Bheja, were nominated in this case. (iii) Above Tanush Setia was arrested on 22.01.2025 and during investigation, alleged drug money to the tune of Rs. 23,00,000/- was recovered from him. (iv) On the same day i.e. 22.01.2025, Harminder Singh @ Harry and AMANDEEP GOSAIN 2025.09.12 12:10 I attest to the accuracy and integrity of this order/judgment CRM-M-39287-2025 & CRM-M-46069-2025 - 3- Saurav Mahajan were also arrested, and alleged recovery of Rs. 24,50,000/-; currency counting machine; one Motorcycle Make 'Bullet'; and one car, was effected from them. (v) On 23.01.2025, above Harminder Singh @ Harry nominated two other persons, i.e. (1) Vinod Kumar @ Nona and (2) Harish Kumar @ Hari. (vi) On 24.01.2025, above said Harmanjeet Singh @ Harry nominated two other persons viz: a) Sagar from whom Activa Scooter and Rs.5,00,000/- were allegedly recovered; b) Lovedeep Singh @ Lala (petitioner in CRM-M-39287-2025) from whom 160 grams heroin is alleged to have been recovered. (vii) On 17.03.2025, after receipt of some other secret information, one Sunil @ Amit Bansal as well as present Ashok Kumar Sharma were nominated and on 18.03.2025, alleged recovery of 20,000 Euro, 10,000 British Pound and 10,020 Canadian Dollars was effected from his residence at Phagwara. (viii) On 18.03.2025, Sunil @ Amit Bansal allegedly nominated five other persons i.e. (1) Vipin Sidana, (2) Rajesh Kumar @ Bobby (petitioner in CRM-M- 46069-2025), (3) Manoj Sharma @ Goga, (4) Rajnish @ Bunty and (5) Sahil Preet. (ix) In this way, as on today, there are total 17 accused arraigned in the present case. 5. Separate status reports, dated 09.09.2025, by way of affidavits of Shri Ravisher Singh, PPS, Deputy Superintendent of Police, Anti-Narcotics Task Force, Border Range, Amritsar, have been filed in these petitions, on behalf of AMANDEEP GOSAIN 2025.09.12 12:10 I attest to the accuracy and integrity of this order/judgment CRM-M-39287-2025 & CRM-M-46069-2025 - 4- respondent-State. The same are taken on record. 6. In the instant case there are total 17 accused, and Lovedeep Singh @ Lal (petitoner in CRM-M-39287-2025) was nominated on the disclosure statement of Harmanjeet Singh @ Harry, whereas after questioning/disclosure made by co- accused Sunil @ Amit Bansal, Rajesh Kumar @ Bobby (present in CRM-M- 46069-2025) was nominated in the present case. 8. Learned counsel for the petitioners’ point out that on conducting the chemical examination, the alleged recovered heroin of 263 grams was not actually found to be heroin and this fact has been admitted by respondent-State in para 21 of the said status report dated 09.09.2025 filed in CRM-M-39287-2025, wherein it is mentioned that the content of the Diacetylmorphine (heroin) could not be detected in the content of the envelope. For reference para No.21 of the said status report is reproduced hereasunder:- “That thereafter, another drug sample was sent to FSL for chemical examination and the report No. 178/2025/Toxi/RTFSL/ASR/PB dated 12.05.2025 was received and upon analyzing the same it was found by the board of doctors those who have chemical examined the aforesaid drug sample, it was analyzed that the content of the "Diacetylmorphine (Heroin) could not be deducted (detected?) in the content of the envelope. However, Dextmethorphan has been found present in the content of the envelope.” 9. From the possession of Lovedeep Singh (petitioner CRM-M-39287- 2025) there is a recovery of Rs.5,00,000/- and 160 grams of heroin. From the possession of other petitioner Rajesh Kumar @ Bobby (petitioner in CRM-M- 46069-20250 there is a recovery of Rs.50,50,000/- Indian Currency. AMANDEEP GOSAIN 2025.09.12 12:10 I attest to the accuracy and integrity of this order/judgment CRM-M-39287-2025 & CRM-M-46069-2025 - 5- 9. Additionally it is also argued that there is no evidence collected during investigation, creating any connectivity of the recovered cash amount with the narcotic/drug business. Qua one of the accused namely Ashok Kumar Sharma, proceedings have already been quashed, by declaring his arrest as illegal, vide order dated 12.05.2025, passed in CRM-M-16156-2025. 10. One of the accused namely Vinod Kumar, whose name was also disclosed in the disclosure statement of co-accused, nothing was recovered from him and he has been granted the concession of bail by this Court in CRM-M- 22621-2025, vide order dated 25.07.2025. 11. On the other hand, learned State counsel is unable to controvert any of the factual submissions apprized by petitioners’ counsel or even nothing has been highlighted to show that the documents referred by the petitioners’ counsel are not applicable for considering the plea of bail of the petitioners. The investigation qua all of the accused is complete and thereupon final report was submitted on 18.07.2025 and the process of recording of statement is yet to start. 12. After hearing learned counsel for the parties and perusing the relevant material on record and the documents appended, including the earlier orders passed by this Court. 13. Prima facie it appears that it will be heavily upon the prosecution firstly to prove that the contraband recovered in the case (allegedly heroin) is covered under the NDPS Act. Admittedly, the cash amount which is recovered from the possession AMANDEEP GOSAIN 2025.09.12 12:10 I attest to the accuracy and integrity of this order/judgment CRM-M-39287-2025 & CRM-M-46069-2025 - 6- of the petitioners is yet to be linked with the drug/narcotic business. 14. Taking into consideration the circumstances, facts/allegations levelled against the petitioners, and the factors noticed hereinabove, I deem it appropriate to grant the concession of bail to the petitioners. Consequently, prayer made in the present petitions are allowed. Petitioners are ordered to be released on bail, subject to their furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 15. Needless to observe that the petitioners shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 16. Any of the discussion done and recorded hereabove, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. 17. Both the petitions stand disposed of. 18. A photocopy of this order be placed on the files of the connected cases. (SANJAY VASHISTH) 10.09.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.09.12 12:10 I attest to the accuracy and integrity of this order/judgment