CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 220 Sourabh Kumar @ Sorab State of Punjab CORAM: Present: SANJAY VASHISTH, J. 1. Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of NDPS Act, registered at Police Station Tapa, District Ba 2. prosecution is that there was a secret information with the Police Patrolling Party that main accused narcotic substances (heroin) at cheap rates from Sourabh (petitioner herein). was seen riding a vehicle bearing Registration No. HR make Swift Dzire and if same is checked, said accused may be arrested. -42135 of 2025 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42135 Decided on : 08.08.2025 Sourabh Kumar @ Sorab Versus Punjab CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Gagandeep Behla, Advocate for Mr. R.S. Dhillon, Advocate the petitioner. Mr. B.P. Singh, AAG, Punjab **** SANJAY VASHISTH, J. Present petition has been filed by the petitioner Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of NDPS Act, registered at Police Station Tapa, District Ba Counsel for the petitioner contends that c prosecution is that there was a secret information with the Police Patrolling Party that main accused-Mandeep Singh @ Babbu used to buy narcotic substances (heroin) at cheap rates from Sourabh (petitioner herein). As per secret informant, accused was seen riding a vehicle bearing Registration No. HR Swift Dzire and if same is checked, said accused may be arrested. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH of 2025 08.08.2025 ......Petitioner ......Respondent HON'BLE MR. JUSTICE SANJAY VASHISTH Gagandeep Behla, Advocate, Mr. R.S. Dhillon, Advocate, Punjab. Present petition has been filed by the petitioner under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), seeking regular bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of NDPS Act, registered at Police Station Tapa, District Barnala. Counsel for the petitioner contends that case of the prosecution is that there was a secret information with the Police Mandeep Singh @ Babbu used to buy narcotic substances (heroin) at cheap rates from Sourabh Kumar @ Sorab As per secret informant, accused-Mandeep Singh @ Babbu was seen riding a vehicle bearing Registration No. HR-51-AR-1376, Swift Dzire and if same is checked, said accused may be arrested. under seeking regular bail, in case, FIR No.24 dated 23.03.2025, under Sections 21 and 29 of ase of the prosecution is that there was a secret information with the Police Mandeep Singh @ Babbu used to buy @ Sorab Mandeep Singh @ Babbu , SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- 3. the said accused 50 grams of heroin on 13.05.2025 petitioner. 13.05.2025. Thus, learned counsel for the petitioner prays for grant of regular bail to the petitioner in the present case. 4. an appearance on behalf of the respondent/State, and certificate dated Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the 5. undergone other case Sr. No. Date of case (FIR No., dated, Section, Station, District 1. FIR No. 06/05/2025 u/s 22 NDPS Act, PS Tapa, Barnala 2. FIR No.117/2025 dated 03/11/2021 u/s 61 of the Excise Act, PS Tapa, Barnala -42135 of 2025 [2] Counsel for the petitioner argues accused – Mandeep Singh @ Babbu, police allegedly 50 grams of heroin from the car and petitioner was arrested 2025, though, nothing was recovered from the possession of t petitioner. Moreover, he is stated to have been inside the jail, since 13.05.2025. Thus, learned counsel for the petitioner prays for grant of regular bail to the petitioner in the present case. On advance notice, Mr. Amish Sharma, AAG, Haryana, an appearance on behalf of the respondent/State, and certificate dated 07.08.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, undergone a period of 02 months and 25 other cases registered against him, details of which Date of case (FIR No., dated, Section, Police Station, District Status of Case (Trial pending or concluded or yet to commence) FIR No. 50/2025 dated 06/05/2025 u/s 22-61-85 NDPS Act, PS Tapa, Barnala Pending FIR No.117/2025 dated 03/11/2021 u/s 61 of the Excise Act, PS Tapa, Barnala Released on probation on 09.01.2023 tioner argues that after affecting arrest of Singh @ Babbu, police allegedly recovered and petitioner was arrested subsequently though, nothing was recovered from the possession of the Moreover, he is stated to have been inside the jail, since 13.05.2025. Thus, learned counsel for the petitioner prays for grant of regular bail to the petitioner in the present case. On advance notice, Mr. Amish Sharma, AAG, Haryana, puts an appearance on behalf of the respondent/State, and produces custody in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been petitioner. As per the custody certificate, petitioner has already 25 days, inside jail, and there are , details of which is as under:- Status of Case (Trial pending or concluded or yet to commence) Remarks (in jail, Undergone, Acquitted, on bail Pending Yes. Released on probation on 09.01.2023 that after affecting arrest of recovered subsequently he Moreover, he is stated to have been inside the jail, since 13.05.2025. Thus, learned counsel for the petitioner prays for grant of puts produces custody in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been petitioner has already are Remarks (in jail, Undergone, Acquitted, on Released on probation on SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- 6. the factual submissions made by counsel confirms that petitioner has never been convicted in any of the case instead of one more case (as indicated hereinabove) petitioner has already been released on bail. He also confirms the release of the petitioner on Excise Act. 7. the relevant material on record with their able assistance as well as the custody ce jail, since 02 months 25 days heroin, that too substantial reason to indefinite 8. Petitioner bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty required in any other case. 9. threat and shall not influence any prosecution witness in any manner directly or indirectly. 10. not be construed as an expression of opinion on the facts of the case. -42135 of 2025 [3] Learned State Counsel is not in a position to counter factual submissions made by counsel confirms that petitioner has never been convicted in any of the case instead of one more case (as indicated hereinabove) petitioner has already been released on bail. He also confirms the release of the petitioner on probation, in the case Excise Act. After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance as well as the custody certificate, and keeping in view the fact that since 02 months 25 days, and recover that too, from the other accused substantial reason to curtail the personal liberty of the petitioner indefinite period. Therefore, prayer made in the present petition is etitioner is ordered to be released on bail, subject to his bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty required in any other case. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. Any of the discussion done and recor not be construed as an expression of opinion on the facts of the case. earned State Counsel is not in a position to counter any of factual submissions made by counsel for the petitioner and rather, confirms that petitioner has never been convicted in any of the case, instead of one more case (as indicated hereinabove), but in the said case, petitioner has already been released on bail. He also confirms the release the case registered against him under the After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance as well as the and keeping in view the fact that petitioner is inside and recovery in this case is 50 grams of from the other accused, this Court does not find any personal liberty of the petitioner for any prayer made in the present petition is allowed. is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. any of , , case, petitioner has already been released on bail. He also confirms the release the After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance as well as the er is inside ms of not find any for any . furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Magistrate concerned, if not Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner ded here above, shall not be construed as an expression of opinion on the facts of the case. SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- 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 11. found indulged in similar kind of activities, this order shall be deemed to be cancelled. 12. 08.08.2025 Sumit Gusain -42135 of 2025 [4] 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. It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled. Petition stands disposed of. 08.08.2025 Whether Speaking/Reasoned: Whether Reportable: Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as accordance with law. It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to (SANJAY VASHISTH) JUDGE Whether Speaking/Reasoned: YES/NO YES/NO Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document