CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113-2 CRM-M-51061-2025 MAHNGA SINGH @ MAHIGA SINGH @ VICKY ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M-60246-2025 SUKHPREET ALIAS SUKHA ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M-67193-2025 KULWINDER ALIAS VICKY ......Petitioner Versus STATE OF HARYANA ......Respondent CRM-M-70042-2025 PANVEER SINGH ALIAS PANNU ALIAS PUNVEER SINGH MAHAL ......Petitioner Versus STATE OF HARYANA ......Respondent Reserved on : 13.07.2026 Pronounced on : 28.07.2026 LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 2 1. Date when the judgment was reserved 13.07.2026 2. Date when the judgment is pronounced 28.07.2026 3. Date when the judgment is uploaded on the website 28.07.2026 4. Whether only operative part of the judgment is pronounced or whether the full judgment is pronounced Full 5. The delay, if any, of the pronouncement of full judgment, and reasons thereof. Not applicable. CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Ms. Manpreet Ghuman, Advocate, for the petitioner in CRM-M-51061-2025. Mr. Surjeet Singh Chahal, Advocate (through VC mode), for the petitioners in CRM-M-60246-2025 and CRM-M-67193-2025. Mr. L.S. Sekhon, Advocate, and Mr. Love Bishnoi, Advocate, for the petitioner in CRM-M-70042-2025. Ms. Malvika Singh, DAG, Haryana. **** SANJAY VASHISTH, J. 1. By this common order, all the aforementioned petitions, i.e. CRM-M-51061-2025, CRM-M-60246-2025, CRM-M-67193-2025 and CRM-M-70042-2025, shall stand disposed of. BRIEF FACTS OF THE PRESENT CASE: (i) Present petitions have been filed under Section 483 of BNSS, (earlier Section 439 of Cr.P.C.), for grant of regular bail to the petitioners, during the pendency of the trial, who have been booked in a LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 3 criminal case, arising out of First Information Report, as detailed here under:- Sr. No. Petition No. Name of the petitioners FIR Date Section(s) Police Station District 1. CRM-M- 51061-2025 Mahnga Singh @ Mahiga Singh @ Vicky 104 17.03.2025 21(C)/61/85 of NDPS Act City Tohana Fatehabad 2. CRM-M- 60246-2025 Sukhpreet @ Sukha 104 17.03.2025 21(c), 27A and 29 of NDPS Act and section 238(a) of BNS City Tohana Fatehabad 3. CRM-M- 67193-2025 Kulwinder @ Vicky 104 17.03.2025 21(c), 27A and 29 of NDPS Act and section 238(a) of BNS City Tohana Fatehabad 4. CRM-M- 70042-2025 Panveer Singh @ Pannu @ Punveer Singh Mahal 104 17.03.2025 21-C, 27-A and 29 of NDPS Act and section 238 of BNS City Tohana Fatehabad (ii) FIR was registered on the basis of recovery effected during naka checking conducted by SI Jagga Singh and other police officials on the intervening night of 16/17.03.2025, near Bhakra Canal Bridge, Symbalwala Road, Tohana. During checking, a Bolero Pick-up, bearing registration No.PB-13AR-8742 approached from village Symbalwala. On seeing the police party, driver attempted to turn the vehicle back but it stalled. Occupants, namely Harbans Singh @ Gogi (driver), Panveer LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 4 Singh @ Pannu (petitioner in CRM-M-70042-2025) and Kulwinder @ Vicky (petitioner in CRM-M-67193-2025), were apprehended. After complying with the provisions of Section 50 of the NDPS Act, search of the vehicle was conducted in the presence of a Gazetted Officer, resulting in recovery of 270 grams of heroin from the dashboard of the vehicle, which is a commercial quantity. The contraband was seized and present FIR was registered. (iii) During investigation, disclosure statements of the arrested accused allegedly revealed the existence of a larger interstate and international heroin trafficking syndicate. On that basis, several other accused persons, including the present petitioners, were nominated for their alleged roles as suppliers, financiers, handlers of drug proceeds and facilitators of banking transactions. Investigation also allegedly traced the movement of drug proceeds and resulted in recovery of Rs.15,00,000/- from one of the co-accused. Prosecution further alleges that two of the accused, namely Rajinder @ Harman @ Jinder and Husanlal @ Sonu, residing abroad, are the kingpins of the syndicate and proceedings against them are still pending. (iv) Final report was presented against eleven accused on 12.09.2025. Charges have been framed and the case is presently at the stage of prosecution evidence. LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 5 CONTENTION ON BEHALF OF RESPECTIVE PETITIONERS A. Mahnga Singh @ Mahiga Singh @ Vicky (i) Petitioner was not named in the FIR and has been implicated only on the basis of the disclosure statements of other co-accused. (ii) No recovery of contraband has been effected from his conscious possession. (iii) His alleged involvement rests merely on the disclosure statements made by other co-accused, and there is no independent evidence connecting him with the recovery. (iv) Petitioner has remained inside jail since 05.07.2025, i.e. for a period of about 1 year, and investigation stands concluded, challan has already been presented and trial is likely to take considerable time. B. Sukhpreet @ Sukha (i) Petitioner was not present at the spot and has been nominated subsequently during investigation. (ii) No narcotic substance was recovered from him. His implication is based solely upon disclosure statement made by co- accused Surjeet Singh @ Gaggi. The alleged recovery pertains only to cash amount of Rs.15 lacs, which as per prosecution is drug proceeds. However, there is no legally admissible evidence available with the prosecution to establish such linkage. However, there is no direct evidence linking him with the recovered heroin. (iii) Since investigation has concluded and petitioner has remained inside jail since 05.07.2025, i.e. for a period of about one year, LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 6 his continued incarceration would not serve any meaningful purpose for the prosecution, particularly when trial is progressing at a very slow pace. C. Kulwinder @ Vicky (i) Although the petitioner was apprehended on the spot from the vehicle, but no recovery was effected from his personal possession. The alleged recovery of 270 grams of heroin was recovered from the dashboard of the vehicle. However, there is no direct evidence linking him with the recovered heroin. (ii) Since investigation has concluded and petitioner is inside jail since 17.03.2025, i.e. for a period of about one year and four months, his continued incarceration would not serve any meaningful purpose for the prosecution, particularly when trial is progressing at a very slow pace. D. Panveer Singh @ Pannu @ Punveer Singh Mahal (i) Although petitioner was apprehended on the spot from the vehicle, but no recovery was effected from his personal possession. His implication is only on account of his presence in the vehicle. (ii) It is further submitted that petitioner is in custody since 17.03.2025, i.e. for a period of one year and four months, and investigation in the present case is complete. Thus, prolonged detention of the petitioner inside jail would not serve any useful purpose for the prosecution. Counsel for the respective petitioners jointly submit that none of the petitioners have been attributed any role in the actual LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 7 recovery of 270 grams of heroin, which was effected from the dashboard of the car, which was being driven by the main accused namely Harbans Singh alias Gogi. Moreover, investigation in the present case has already been completed, and challan has also been presented. Out of total 31 prosecution witnesses, only 02 have been examined till date. Thus, conclusion of trial is not likely in the near future, and continued incarceration of the petitioners would not serve any useful purpose for the prosecution. Therefore, counsel for the respective petitioners jointly pray for grant of regular bail to the petitioners in the present case. CONTENTION ON BEHALF OF THE STATE: Learned State counsel, while opposing the prayer made in the present petitions, submits as follows:- (a) Recovery in the present case is 270 grams of heroin, which constitutes commercial quantity, attracting the rigours of Section 37 of the NDPS Act. (b) Investigation has revealed that present case is not an isolated recovery, but forms part of an organised interstate and international heroin trafficking syndicate involving procurement, distribution and laundering of drug proceeds. LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 8 (c) Investigation has disclosed distinct roles of each petitioner:- (i) Mahnga Singh @ Mahiga Singh @ Vicky is alleged to be the principal supplier of heroin to Jagseer Singh alias Jagsir and part of the larger conspiracy. (ii) Sukhpreet @ Sukha is alleged to be the recipient of Rs.15 lacs drug proceeds, which were recovered from his Innova vehicle. (iii) Kulwinder Singh alias Vicky accompanied the co- accused namely Panveer Singh @ Pannu and Harbans Singh @ Gogi, while transporting heroin for sale. (iv) Panveer Singh alias Pannu accompanied the co- accused in transporting heroin intended for sale. (d) Prosecution asserts that investigation has uncovered the money trail, including recovery of Rs.15,00,000/- representing drug proceeds, and evidence relating to transfer of funds through different accused persons and banking channels to persons residing abroad. (e) Two principal accused, namely Rajinder @ Harman @ Jinder and Husanlal @ Sonu, are stated to be residing abroad and are absconding. Look Out Circulars (LOCs) and arrest warrants have already been issued against them. (f) Mobile phone forensic examination, extraction of electronic data, CDRs and location analysis are still awaited, and further evidence is yet to be collected. (g) Charges have already been framed and trial is in progress. Only 02 formal witnesses have been examined, out of 31 prosecution LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 9 witnesses, and release of the petitioners, at this stage, may prejudice the trial. (h) Apart from the present case, petitioners are involved in other NDPS or criminal cases also, indicating their continued involvement in narcotic activities. (i) In view of the gravity of the offence, commercial quantity recovered, alleged active participation of the petitioners in an organised narcotics syndicate, and the statutory embargo contained in Section 37 of the NDPS Act, learned State counsel prays for dismissal of all the present petitions. CONCLUSION (i) This Court has heard the submissions advanced by learned counsel for the parties and has also perused the record available before it, including the comprehensive status report filed by the State. (ii) Undisputedly, present case pertains to the recovery of a commercial quantity of narcotic contraband, i.e. 270 grams of heroin, from the dashboard of a Bolero Pickup vehicle, being driven by accused Harbans Singh alias Gogi. Since recovery of the commercial quantity of heroin was effected from the vehicle under his control and possession, Harbans Singh alias Gogi is prima facie the principal accused in the present case. (iii) Insofar as present petitioners are concerned, no narcotic contraband was recovered from their personal possession, except of LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 10 recovery of Rs.15 lakhs, alleged to be drug money, from petitioner Sukhpreet alias Sukha. (iv) Petitioners-Panveer Singh alias Pannu and Kulwinder @ Vicky were merely occupying their respective seats in the vehicle. At this stage, they have raised a plausible defence that they had no knowledge of the contraband allegedly concealed in the dashboard of the vehicle. Prima facie, contraband was not visible and could not have been noticed without opening the dashboard compartment. Consequently, plea regarding absence of conscious possession is available to the said petitioners, and is a matter to be examined during the course of trial. Both of them are inside jail since 17.03.2025, i.e., for a period of more than one year. (v) As regards petitioners-Mahnga Singh @ Mahiga Singh and Sukhpreet alias Sukha are concerned, they are inside jail since 05.07.2025, and challan has already been presented before the competent Court. Except of the recovery of Rs.15 lacs, allegedly constituting drug money, from petitioner-Sukhpreet alias Sukha, no narcotic contraband was recovered from either of them. Allegation against petitioner-Mahnga Singh is that of being principal supplier of the narcotic contraband, which is a matter to be established during the course of trial. (vi) During the course of hearing, learned State counsel has pointed out that all the petitioners herein are involved in other criminal LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 11 cases of a similar nature. However, mere pendency of other criminal cases cannot, by itself, constitute a ground to deny the concession of bail, particularly when each case has to be considered on its own facts and merits. Needless to observe, criminal antecedents of an accused are a relevant factor, but they cannot eclipse the requirement of assessing the merits of the present case independently. (vii) Consequently, without expressing any opinion on the merits of the prosecution case, and considering the period of incarceration already undergone by the petitioners, the fact that investigation stands concluded and challan has been presented, as well as likelihood that trial is likely to take considerable time to conclude, this Court is of the considered view that no useful purpose would be served by keeping the petitioners inside jail for an indefinite period. (viii) Having regard to the totality of facts and circumstances of the case, nature of the allegations levelled against the petitioners, and factors noticed here above, this Court deems it appropriate to grant the concession of regular bail to the petitioners in the present case. (ix) Consequently, prayer made in the present petitions is allowed. Petitioners namely Mahnga Singh @ Mahiga Singh @ Vicky, Sukhpreet @ Sukha, Kulwinder alias Vicky and Panveer Singh @ Pannu @ Punveer Singh Mahal are ordered to be released on bail, subject to their furnishing bail/surety bonds to the satisfaction of the learned trial LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRM-M-51061-2025 CRM-M-60246-2025 CRM-M-67193-2025 CRM-M-70042-2025 12 Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. (x) Needless to observe that the petitioners shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. (xi) Any of the discussion done and recorded here above, 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. (xii) It is further made clear that if, in future, petitioners are directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. (xiii) All the present petitions stand disposed of. (xiv) Pending miscellaneous application(s), if any, shall also stand disposed of. (xv) A photocopy of this order be placed on the files of other connected cases. (SANJAY VASHISTH) JUDGE 28.07.2026 Lavisha Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO LAVISHA 2026.07.28 13:04 I attest to the accuracy and integrity of this document PHHC, Chandigarh