CRM-M-43927 of 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 224 CRM-M-43927 of 2025 Date of Decision: 23.09.2025 Makhan Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Nikhil Batta, Advocate for the petitioner. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J (ORAL) 1. Prayer in the instant petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner in case FIR No.31 dated 08.03.2025 registered under Sections 22/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Urban Estate, District Patiala. 2. Brief facts of the present case are that as per the prosecution, on 08.03.2025, ASI Kuldeep Singh, along with his fellow police officials was on patrolling duty and on the basis of secret information, they apprehended one Anil Kumar, who was found in conscious possession of 1450 intoxicant tablets. Initially, the FIR in question was registered against the said co-accused Anil Kumar. 3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with DINESH BANSAL 2025.09.24 14:20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-43927 of 2025 -2- the said offence. He argued that neither the petitioner was present at the spot nor was named in the FIR. It has also been contended that the petitioner was nominated as an accused on the basis of disclosure statement made by co-accused Anil Kumar. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of co-accused during his custodial interrogation is not admissible. He further submits that recovery of 450 intoxicant tablets have already been effected on the disclosure of the petitioner and nothing more is to be recovered from him. The petitioner is in custody since 24.04.2025. The investigation in the case is complete, challan stands presented and charges are yet to be framed and as such, the trial will take a long time to conclude and no useful purpose would be served by keeping him behind bars. Therefore, it is urged that the petition deserves to be allowed. 4. On the other hand, learned State counsel has filed the status report in the matter, which is taken on record and while referring to the same, has vehemently opposed the prayer for grant of bail by submitting that the offence committed by the petitioner is serious in nature. He argued that the alleged recovery of 1450 tablets from co-accused Anil Kumar and 450 tablets from the petitioner collectively falls under the commercial quantity. He has further submitted that the petitioner is involved in other cases meaning thereby he is a habitual offender. 5. As far as the argument of learned counsel for the petitioner regarding nomination of accused on the basis of disclosure statement is concerned, it would be apposite to refer herein to a judgment passed by the DINESH BANSAL 2025.09.24 14:20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-43927 of 2025 -3- Hon'ble Supreme Court titled as ‘Tofan Singh vs. State of Tamil Nadu, AIR 2020 Supreme Court 5592’, relevant whereof reads as under: "155. We answer the reference by stating: (i) That the officers who are invested with powers under section 53 of the NDPS Act are "police officers within the meaning of section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act (ii) That a statement recorded under section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS ACT". 6. More recently, the Hon'ble Supreme Court in a judgment titled as ‘Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu Vs. State of Gujrat, Narcotics Control Bureau’ 2024 INSC 290’, has reiterated the ratio decidendi of the judgment of Hon’ble Supreme Court in the case of Tofan Singh (supra). 7. The Hon'ble Supreme Court while dealing with a plea for grant of anticipatory bail in a case under NDPS Act, 1985; in a judgment titled as ‘Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s)1266/2023 decided on 17.05.2023’ has held as under: "The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act". His application for anticipatory bail was rejected by the High Court. The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) was recovered from the co-accused. The petitioner concededly was not present at the spot but was named by the co- accused. That apart there is no other material to implicate the DINESH BANSAL 2025.09.24 14:20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-43927 of 2025 -4- petitioner. The prosecution urges that another case with allegations of commission of offence under the NDPS Act are pending against the petitioner. It is not denied that in those proceedings he was granted bail. Having regard to these circumstances, the petitioner is directed to the enlarged on anticipatory bail, subject to such terms and conditions as the trial Court may impose. The petition is allowed. All pending applications are disposed of." 8. The veracity of the disclosure statement made by co-accused will be subject to comprehensive scrutiny during the course of the trial. 9. Now as far as the recovery of 450 intoxicant tablets from the petitioner is concerned, as per the FSL report, salt detected is Alprazolam and the total weight of contraband is 69.75 grams which falls in non- commercial quantity. 10. Having heard learned counsel for the parties at length and after perusing the record of the case, it is evident that the petitioner is in custody for the last more than 4½ months; investigation is complete; challan stands filed; charges are yet to be framed, and the fact that trial may take a long time to conclude, no useful purpose would be served by detaining him in further custody. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future would be violative of his rights under Article 21 of the Constitution of India. 11. Reliance is placed upon a judgment in the case of Dataram Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131, wherein Hon’ble Apex Court has held that keeping somebody behind the bars, till his guilt is proved, for an indefinite period amounts to infringement of her right to life and liberty, as enshrined under Article 21 of Constitution of DINESH BANSAL 2025.09.24 14:20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-43927 of 2025 -5- India and is against the principle “bail is a rule” and “jail is an exception”. 12. As regards the submission of learned State counsel that petitioner is involved in other/one more criminal case(s), reference is placed upon the judgment of the Hon'ble Supreme Court in Maulana Mohd. Amir Rashadi Vs. State of U.P. and another, 2012 (2) SCC 382 in which, it is held that the facts and circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be rejected solely on the ground that the petitioner is involved in other/another case(s). The relevant portion of the said judgment is reproduced herein-below:- "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc." 13. In view of the above, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned. It is clarified that nothing stated herein shall be construed as an expression of opinion on the merits of the case. (RUPINDERJIT CHAHAL) 23.09.2025 JUDGE D.Bansal Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DINESH BANSAL 2025.09.24 14:20 I attest to the accuracy and integrity of this document Chandigarh