CRM-M-43464 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND Gurcharan Singh @ Raju State of Punjab CORAM: HON'BLE Present:- MANISHA BATRA, J 1. petitioner under Section seeking grant of regular bail in case bearing FIR No. registered under Sections Substances Act, 1985 District Jalandhar withdrawn. 2. petition are that on @ Mota and Gurpreet registration number PB recovery of 225 grams of heroin and drug money of Rs. 1 Lakh was from a bag, which was kept on the dashboard of the car. formally arrested at the spot. After completion of necessary investigation and 43464-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Gurcharan Singh @ Raju Versus Punjab CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Prateek Pandit, Advocate for the petitioner. Mr. Roshandeep Singh, AAG, Punjab. MANISHA BATRA, J. The instant one is the third oner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 grant of regular bail in case bearing FIR No. registered under Sections 21 and 29 of the Substances Act, 1985 (for short ‘NDPS Act’) District Jalandhar (Rural). The previous petitions were dismissed as withdrawn. Brief facts of the case relevant for the disposal of the present petition are that on 2308.2024, the petitioner @ Mota and Gurpreet Singh @ Guri, while travelling in a car bearing registration number PB-10-GL-4080, were apprehended recovery of 225 grams of heroin and drug money of Rs. 1 Lakh was from a bag, which was kept on the dashboard of the car. formally arrested at the spot. After completion of necessary investigation and IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43464-2025 (O&M) Reserved on : 18.08.2025 Pronounced on : 19.08.2025 ...Petitioner Versus ...Respondent MRS. JUSTICE MANISHA BATRA Prateek Pandit, Advocate Mr. Roshandeep Singh, AAG, Punjab. petition that has been filed by the Bharatiya Nagarik Suraksha Sanhita, 2023 grant of regular bail in case bearing FIR No. 83 dated 23.08.2024 21 and 29 of the Narcotic Drugs and Psychotropic (for short ‘NDPS Act’) at Police Station Lambra, previous petitions were dismissed as Brief facts of the case relevant for the disposal of the present , the petitioner and co-accused Balwinder Singh Singh @ Guri, while travelling in a car bearing 4080, were apprehended by a police party and recovery of 225 grams of heroin and drug money of Rs. 1 Lakh was effe from a bag, which was kept on the dashboard of the car. All of them were formally arrested at the spot. After completion of necessary investigation and -1- 2025 (O&M) Reserved on : 18.08.2025 Pronounced on : 19.08.2025 ...Petitioner ...Respondent filed by the Bharatiya Nagarik Suraksha Sanhita, 2023 23.08.2024, Narcotic Drugs and Psychotropic Lambra, previous petitions were dismissed as Brief facts of the case relevant for the disposal of the present accused Balwinder Singh Singh @ Guri, while travelling in a car bearing by a police party and ected l of them were formally arrested at the spot. After completion of necessary investigation and MOHAMMAD WASEEM ANSARI 2025.08.19 10:37 I attest to the accuracy and integrity of this document CRM-M-43464 usual formalities, petitioner along with the co mentioned of 3. falsely implicated in this case. not fall under commercial one. completed and conclusion is likely to take time. The petitioner is in custody since No useful purpose would be served by keeping him in custody anymore. Similarly situated co granted concession of regular bail by this Court, vide order dated 08.01.2025 passed in deserves the same benefit. be allowed and the petitioner deserves to be released on regular bail. 4. respondent the gravity of the allegations levelled again criminal antecedents that the petition is liable to be dismissed. 5. and have also perused 6. contraband allegedly recovered from him does not fall under commercial quantity. Investigation 43464-2025 (O&M) usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of afore mentioned offences. Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. The quantity of the recovered contraband does not fall under commercial one. Even otherwise, investigation stands completed and challan has been filed. Trial is substantially delayed and its onclusion is likely to take time. The petitioner is in custody since No useful purpose would be served by keeping him in custody anymore. Similarly situated co-accused Gurpreet Singh @ Gu granted concession of regular bail by this Court, vide order dated 08.01.2025 passed in CRM-M-51489-2024. On the grounds of parity, the petitioner too deserves the same benefit. Therefore, it is urged that the petition deserves to lowed and the petitioner deserves to be released on regular bail. Custody certificate of the petitioner has been filed by the respondent-State. It is submitted by learned State counsel that keeping in view the gravity of the allegations levelled again criminal antecedents, he 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 considerable length and have also perused the material placed on record. The petitioner is in custody since contraband allegedly recovered from him does not fall under commercial quantity. Investigation has since been completed and was presented in the Court and presently, the accused is facing trial for commission of afore Learned counsel for the petitioner has submitted that he has been The quantity of the recovered contraband does Even otherwise, investigation stands Trial is substantially delayed and its onclusion is likely to take time. The petitioner is in custody since 23.08.2024 No useful purpose would be served by keeping him in custody anymore. Gurpreet Singh @ Guri has already been granted concession of regular bail by this Court, vide order dated 08.01.2025 On the grounds of parity, the petitioner too Therefore, it is urged that the petition deserves to lowed and the petitioner deserves to be released on regular bail. Custody certificate of the petitioner has been filed by the State. It is submitted by learned State counsel that keeping in view the gravity of the allegations levelled against the petitioner as well as his , he is not entitled to get benefit of bail. Hence, it is urged I have heard learned counsel for the parties at considerable length the material placed on record. The petitioner is in custody since 23.08.2024. The quantity of the contraband allegedly recovered from him does not fall under commercial has since been completed and challan has been filed. -2- was presented in the Court and presently, the accused is facing trial for commission of afore Learned counsel for the petitioner has submitted that he has been The quantity of the recovered contraband does Even otherwise, investigation stands Trial is substantially delayed and its 23.08.2024. No useful purpose would be served by keeping him in custody anymore. ri has already been granted concession of regular bail by this Court, vide order dated 08.01.2025 On the grounds of parity, the petitioner too Therefore, it is urged that the petition deserves to Custody certificate of the petitioner has been filed by the State. It is submitted by learned State counsel that keeping in view as well as his , he is not entitled to get benefit of bail. Hence, it is urged I have heard learned counsel for the parties at considerable length . The quantity of the contraband allegedly recovered from him does not fall under commercial has been filed. MOHAMMAD WASEEM ANSARI 2025.08.19 10:37 I attest to the accuracy and integrity of this document CRM-M-43464 In the order dated 08.01.2025 delayed as out of 14 prosecution witnesses, On a specific Court query, learned State counsel has apprised the Court that the stage of trial still rema far, despite the lapse of a period of about eight months since then. conclusion who was also the occupant of the said car, has been gr regular bail by this Court, as mentioned above. facts, I am of the considered opinion that no useful purpose would be served by keeping 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. However, it will be open for the prosecution to apply for cancellation of 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. 19.08.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 43464-2025 (O&M) order dated 08.01.2025, this Court had observed that the trial was delayed as out of 14 prosecution witnesses, On a specific Court query, learned State counsel has apprised the Court that the stage of trial still remains the same as no witness has been examined so far, despite the lapse of a period of about eight months since then. conclusion will take considerable time. Co who was also the occupant of the said car, has been gr regular bail by this Court, as mentioned above. facts, I am of the considered opinion that no useful purpose would be served by keeping the petitioner in custody anymore. Accordingly, the present s 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 prosecution to apply for cancellation of 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. 19.08.2025 Whether speaking/reasoned Whether reportable , this Court had observed that the trial was delayed as out of 14 prosecution witnesses, none had been examined by then. On a specific Court query, learned State counsel has apprised the Court that ins the same as no witness has been examined so far, despite the lapse of a period of about eight months since then. Hence, its Co-accused Gurpreet Singh @ Guri, who was also the occupant of the said car, has been granted concession of regular bail by this Court, as mentioned above. Keeping in view the aforesaid facts, I am of the considered opinion that no useful purpose would be served in custody anymore. Accordingly, the present s 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 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 -3- , this Court had observed that the trial was none had been examined by then. On a specific Court query, learned State counsel has apprised the Court that ins the same as no witness has been examined so Hence, its accused Gurpreet Singh @ Guri, anted concession of Keeping in view the aforesaid facts, I am of the considered opinion that no useful purpose would be served in custody anymore. Accordingly, the present s 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 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 MOHAMMAD WASEEM ANSARI 2025.08.19 10:37 I attest to the accuracy and integrity of this document