CRM-M-45960-2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 212 AT CHANDIGARH CRM-M-45960-2024 Date of decision: 15.07.2025 GURJANT SINGH @ JANTA @ SONU @ BILLA ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Tarun Sharma, Advocate for the petitioner. **** H.S.GREWAL,J. (ORAL) 1. This is a petition for regular bail filed under Section 483 of BNSS for grant of regular bail to the petitioner in case FIR No. 0050 dated 10.05.2023 under Section 21 of NDPS (Section 25 & 29 of NDPS Act and Section 25 of Arms Act added later on) registered at Police Station Kulgari, District Ferozepur. 2. The case of the prosecution is that one Jaipal Singh was arrested with 1 Kg of Heroin while he was coming on a car make Swift having No. PB-46-AA-6186. Thereafter on his disclosure statement, one Gurbaj Singh @ Baja was arrested from whom 1 Kg of Heroin was recovered. During interrogation, they (Jaipal Singh and Gurbaj Singh) disclosed that they have bought Heroin from Gurpinder Singh. On 11.05.2023, said Gurpinder Singh @ Doctor was also arrested and 500 grams of Heroin along with drug money amounting to Rs. 12,97,000/- were recovered from him. Thereafter, another statement of Gurbaj Singh was recorded wherein he named Gurjant Singh @ Janta, Amrit Pal Singh @ Hira, Surmail Singh @ Shaila, Gurjant Singh and Rajandeep Singh @ Kanda. Gurjant Singh @ Janta-the present petitioner got recovered another 300 grams of Heroin and a country made pistol along with 03 Renu Rawat 2025.07.17 16:11 I attest to the accuracy and integrity of this document CRM-M-45960-2024 2 live cartridges of .315 bore and 2 magazines of the same pistol. 3. Learned counsel for the petitioner submits that the petitioner was nominated only on the basis of disclosure statement of other co-accused, recorded during interrogation, which is not admissible as per the provisions of Section 25 of the Indian Evidence Act and hence is not admissible in the eyes of law. He further submits that the other co-accused have already been granted concession of regular bail by this Court. 4. Notice of motion. 5. Mr. Amandeep Singh Samra, AAG, Punjab accepts notice on behalf of the respondent-State and filed the custody certificate in the Court, which is taken on record. He has opposed the prayer for concession of bail to the petitioner on the ground that the petitioner is involved in two more cases under NDPS Act and one case under Arms Act. 6. I have heard the submissions made by the parties and gone through the record. 7. Keeping in view the facts of the case that the recovery so effected from the petitioner falls under the commercial quantity and the petitioner is involved in two more cases under the NDPS Act and one case under Arms Act shows that he is a habitual offender and has a criminal antecedents. No ground is made out to grant the concession of anticipatory bail to the petitioner. Accordingly, the present petition stands dismissed. 15.07.2025 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No Renu Rawat 2025.07.17 16:11 I attest to the accuracy and integrity of this document