IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 218 Sonu Sonu Sonu Sonu Singh Singh Singh Singh State of State of State of State of Punjab Punjab Punjab Punjab CORAM CORAM CORAM CORAM Present : RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ 1. second second second second petition praying for grant of regular bail in case FIR No.36 dated 24.04.2024 under Sections 21(C)/23/29/61/85 of NDPS Act, 1985, registered at Police Station Sadar Jalalabad, District Fazilka. 2. on patrolling, then Coy Commander “C” Coy 160 Bn BSF BOP NS Wala, produced a letter alongwith one packet of heroin. As per the contents of the letter received to the police, request was made for lodging an FIR. Three persons, namely, Sonu Singh @ Singh @ Gaggi and Gurbant Singh @ Banti were questioned by BSF, who disclosed that one packet of contraband was lying in general area of wheat field near house of Gurbant Singh. On 24.04.2024 at about 06:30 a.m., search of the ar suspected to be contraband heroin, was recovered. On examination of the IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH DATE OF DECISION : DATE OF DECISION : DATE OF DECISION : DATE OF DECISION : Singh Singh Singh Singh @ Soni @ Soni @ Soni @ Soni Versus Versus Versus Versus Punjab Punjab Punjab Punjab :::: HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ * * * * Mr. Karndeep Singh Sidhu, Advocate Ms. Simran Goria, AAG, Punjab. * * * * RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ, J. , J. , J. , J. (Oral) (Oral) (Oral) (Oral) Petitioner has approached by way of filing the present petition praying for grant of regular bail in case FIR No.36 dated 24.04.2024 under Sections 21(C)/23/29/61/85 of NDPS Act, 1985, registered at Police Station Sadar Jalalabad, District Fazilka. Succinctly the facts of the case are that when the poli on patrolling, then Coy Commander “C” Coy 160 Bn BSF BOP NS Wala, produced a letter alongwith one packet of heroin. As per the contents of the letter received to the police, request was made for lodging an FIR. Three persons, namely, Sonu Singh @ Singh @ Gaggi and Gurbant Singh @ Banti were questioned by BSF, who disclosed that one packet of contraband was lying in general area of wheat field near house of Gurbant Singh. On 24.04.2024 at about 06:30 a.m., search of the area was conducted and one yellow packet wrapped, suspected to be contraband heroin, was recovered. On examination of the IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CRM CRM CRM CRM----M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 DATE OF DECISION : DATE OF DECISION : DATE OF DECISION : DATE OF DECISION : 22226666thththth SEPTEMBER SEPTEMBER SEPTEMBER SEPTEMBER, , , , 20 20 20 2022225555 …. . . . Petitioner Petitioner Petitioner Petitioner …. . . . Respondent Respondent Respondent Respondent RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ , Advocate for the petitioner. Ms. Simran Goria, AAG, Punjab. Petitioner has approached by way of filing the present petition praying for grant of regular bail in case FIR No.36 dated 24.04.2024 under Sections 21(C)/23/29/61/85 of NDPS Act, 1985, registered at Police Station Sadar Jalalabad, District Fazilka. Succinctly the facts of the case are that when the police party on patrolling, then Coy Commander “C” Coy 160 Bn BSF BOP NS Wala, produced a letter alongwith one packet of heroin. As per the contents of the letter received to the police, request was made for lodging an FIR. Three persons, namely, Sonu Singh @ Sonu (petitioner), Angrej Singh @ Gaggi and Gurbant Singh @ Banti were questioned by BSF, who disclosed that one packet of contraband was lying in general area of wheat field near house of Gurbant Singh. On 24.04.2024 at about 06:30 ea was conducted and one yellow packet wrapped, suspected to be contraband heroin, was recovered. On examination of the M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 5555 Petitioner Petitioner Petitioner Petitioner Respondent Respondent Respondent Respondent Petitioner has approached by way of filing the present petition praying for grant of regular bail in case FIR No.36 dated 24.04.2024 under Sections 21(C)/23/29/61/85 of NDPS Act, 1985, ce party on patrolling, then Coy Commander “C” Coy 160 Bn BSF BOP NS Wala, produced a letter alongwith one packet of heroin. As per the contents of the letter received to the police, request was made for lodging Sonu (petitioner), Angrej Singh @ Gaggi and Gurbant Singh @ Banti were questioned by BSF, who disclosed that one packet of contraband was lying in general area of wheat field near house of Gurbant Singh. On 24.04.2024 at about 06:30 ea was conducted and one yellow packet wrapped, suspected to be contraband heroin, was recovered. On examination of the RAJ KUMAR 2025.09.26 19:51 I attest to the accuracy and integrity of this document/judgment CRM CRM CRM CRM----M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 recovered packet, it was found Thus, the FIR was registered and the petitioner was arrested on investigation, challan was presented and on framing of commenced. The petitioner approached the Court of learned Judge, Special Court, Fazilka, praying for grant of bail, however merit, the same was declined vide order dated the same, the petitioner M No.16387 of 2025, which was by this court vide order dated 21.05.2025. approached present petition. 3. the grant of bail to the petitioner accused, namely, this Court to the order dated whereby, co bail by this Court submits that on the basis of the parity, the petitioner deserves to be granted bail as the case of accused, who has already been granted bail. 4. bail to the co that the petitioner is at par with t @ Bunty M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 recovered packet, it was found to be containing 520 grams of heroin. Thus, the FIR was registered and the etitioner was arrested on 27.04.2024. On investigation, challan was presented and on framing of commenced. The petitioner approached the Court of learned Judge, Special Court, Fazilka, praying for grant of bail, however merit, the same was declined vide order dated the same, the petitioner has earlier approached this court by filing CRM M No.16387 of 2025, which was allowed by this court vide order dated 21.05.2025. approached this Court praying for grant present petition. Learned counsel for the petitioner, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the co accused, namely, Gurbant Singh @ Bunty this Court to the order dated 22.08.2025 passed in whereby, co-accused Gurbant Singh @ B bail by this Court. The petitioner is in custody since submits that on the basis of the parity, the petitioner deserves to be granted bail as the case of the petitioner is similar to that of the said co accused, who has already been granted bail. Learned State counsel has endorsed the factum of grant of bail to the co-accused of the petitioner as stated above and has not denied that the petitioner is at par with the co-accused, namely, y. However, he submits that the contraband recovered in the -2- to be containing 520 grams of heroin. investigation commenced. The .04.2024. On completion of the investigation, challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Judge, Special Court, Fazilka, praying for grant of bail, however, finding no merit, the same was declined vide order dated 27.01.2025. Aggrieved by has earlier approached this court by filing CRM- d to be dismissed as withdrawn by this court vide order dated 21.05.2025. Now, the petitioner has again this Court praying for grant of bail by way of filing of earned counsel for the petitioner, at the outset, prays for on the basis of parity with that of the co- y. He has drawn the attention of passed in CRM-M-44609-2025, Bunty has been granted regular . The petitioner is in custody since 27.04.2024. He submits that on the basis of the parity, the petitioner deserves to be ner is similar to that of the said co- accused, who has already been granted bail. Learned State counsel has endorsed the factum of grant of accused of the petitioner as stated above and has not denied accused, namely, Gurbant Singh . However, he submits that the contraband recovered in the to be containing 520 grams of heroin. investigation commenced. The completion of the charges, the trial commenced. The petitioner approached the Court of learned Judge, finding no Aggrieved by - n Now, the petitioner has again of bail by way of filing of earned counsel for the petitioner, at the outset, prays for - . He has drawn the attention of , has been granted regular . He submits that on the basis of the parity, the petitioner deserves to be - Learned State counsel has endorsed the factum of grant of accused of the petitioner as stated above and has not denied h . However, he submits that the contraband recovered in the RAJ KUMAR 2025.09.26 19:51 I attest to the accuracy and integrity of this document/judgment CRM CRM CRM CRM----M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 present case falls under the commercial quantity and thus, provisions of Section 37 of the NDPS Act are attracted 5. the record, it is deciphered that the petitioner is behind bars since 27.04.202 the case of the petitioner as stated is at p this Cour year. Inve 6. this Court cannot ignore the fact that right of every accused. As held by the Hon'ble Supreme Court in Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that the case of the petitioner is covered by the ratio of law laid down by the Hon'ble Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views as under: M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 present case falls under the commercial quantity and thus, provisions of Section 37 of the NDPS Act are attracted. After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since 24. Co-accused, namely, Gurban the case of the petitioner as stated is at par with him. rt, the petitioner has suffered incarceration estigation is complete and challan In view of the facts and circumstances of the present case, this Court cannot ignore the fact that the speedy trial is the fundamental right of every accused. As held by the Hon'ble Supreme Court in Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that the case of the petitioner is covered by the ratio of law laid down by the Hon'ble Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views as under: 19. A plain and literal interpretation of the co Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention as well. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail app accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act. 20. xxxxx -3- present case falls under the commercial quantity and thus, provisions of . After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since nt Singh @ Bunty is on bail and ar with him. As submitted before has suffered incarceration of more than one n has been presented. In view of the facts and circumstances of the present case, the speedy trial is the fundamental right of every accused. As held by the Hon'ble Supreme Court in Mohd Mohd Mohd Mohd Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that the case of the petitioner is covered by the ratio of law laid down by the Hon'ble Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views as under:- 19. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention ll. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act. present case falls under the commercial quantity and thus, provisions of After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since is on bail and e e In view of the facts and circumstances of the present case, the speedy trial is the fundamental Mohd Mohd Mohd Mohd Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that the case of the petitioner is covered by the ratio of law laid down by the Hon'ble Supreme Court. In the nditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention ll. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on lication is made) that the accused is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences RAJ KUMAR 2025.09.26 19:51 I attest to the accuracy and integrity of this document/judgment CRM CRM CRM CRM----M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 7. the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient lo both the sides and perusing the record, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular 8. petitioner is bonds to the M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 21. .....it would be important to refl impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable. 22. xxxxx 23. There is a further danger of the prison crime,“as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal”22 (also see Donald Clemmer’s ‘The Prison Community’ published in 194023). Incarceration has further deleterious effects - where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (becau the event of an acquittal, the loss to the accused is irreparable), and ensure that trials where special laws enact stringent provisions, are taken and concluded speedily. The veracity of the allegations would be assessed on conclusion of the trial and on the appreciation of evidence to be led the parties before the trial Court. This Court would refrain itself commenting anything on the merits of the case. The trial of the case take sufficient long time. Keeping in view the arguments raised by sides and perusing the record, this Court is of the opinion that counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner on the basi Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. -4- 21. .....it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is 23. There is a further danger of the prisoner turning to crime,“as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal”22 (also see Donald Clemmer’s ‘The Prison Community’ published in 194023). Incarceration has further e the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials – especially in cases, where special laws enact stringent provisions, are taken up The veracity of the allegations would be assessed only after conclusion of the trial and on the appreciation of evidence to be led the parties before the trial Court. This Court would refrain itself commenting anything on the merits of the case. The trial of the case ng time. Keeping in view the arguments raised by sides and perusing the record, this Court is of the opinion that counsel for the petitioner succeeds in making out a case for grant is of parity. t petition is allowed and the ordered to be released on bail on his furnishing bail/surety satisfaction of the concerned trial Court/Duty Magistrate. ect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is er turning to crime,“as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal”22 (also see Donald Clemmer’s ‘The Prison Community’ published in 194023). Incarceration has further e the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts se in the event of an acquittal, the loss to the accused is cases, up ly after conclusion of the trial and on the appreciation of evidence to be led the parties before the trial Court. This Court would refrain itself commenting anything on the merits of the case. The trial of the case ng time. Keeping in view the arguments raised by sides and perusing the record, this Court is of the opinion that counsel for the petitioner succeeds in making out a case for grant t petition is allowed and the ordered to be released on bail on his furnishing bail/surety RAJ KUMAR 2025.09.26 19:51 I attest to the accuracy and integrity of this document/judgment CRM CRM CRM CRM----M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 9 furnish bail/surety custody will 10. opinion on the merits of the case. 22226666thththth September September September September ‘raj’ Whether speaking/reasoned: Whether Reportable: M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 M No.40938 of 2025 It is being clarified that in case the petitioner does not bail/surety bonds within a period of one week from today, his custody will not be counted in the present case after one week. Nothing said herein shall be treated as an expression of on the merits of the case. September September September September, 20 , 20 , 20 , 2022225555 Whether speaking/reasoned: Whether Reportable: -5- It is being clarified that in case the petitioner does not bonds within a period of one week from today, his not be counted in the present case after one week. Nothing said herein shall be treated as an expression of (((( RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ RAJESH BHARDWAJ )))) JUDGE JUDGE JUDGE JUDGE Yes No Yes No It is being clarified that in case the petitioner does not bonds within a period of one week from today, his Nothing said herein shall be treated as an expression of RAJ KUMAR 2025.09.26 19:51 I attest to the accuracy and integrity of this document/judgment