CRM-M-9823-2026 220 IN THE HIGH COURT OF PUNJAB AND HARYANA Kheta Ram State of Punjab CORAM : HON'BLE MS Present: Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate and Mr. Akhil Godara Mr. MANDEEP PANNU J. 1. This is Nagarik Suraksha Sanhita, 2023 concession of regular bail to the petitioner in case FIR No. registered under Section Station Chheharta, 2. Briefly, the case of the prosecution is that on 19.06.2024, on the basis of secret information, co were apprehended by a police party headed by Inspector Amandeep Singh and recovery of 1 kg 500 grams of heroin During investigation, co statement stating that he used to receive consignments of heroin from a Pakistani smuggler namely that the drug money used to be handed over to the present petitioner and one 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate and Mr. Akhil Godara, Advocate for the petitioner. Mr. H.S.Wadhwa, DAG Punjab. -.- MANDEEP PANNU J. (Oral) This is the second petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 439 Cr.P.C) concession of regular bail to the petitioner in case FIR No. registered under Section 21(c), 29, 27-A, 61 and 85 of the NDPS Chheharta, District Amritsar. Briefly, the case of the prosecution is that on 19.06.2024, on the basis of secret information, co-accused Gurjant Singh @ Janty were apprehended by a police party headed by Inspector Amandeep Singh and 1 kg 500 grams of heroin was allegedly effected from their possession. During investigation, co-accused Gurjant Singh @ Janty made a disclosure ent stating that he used to receive consignments of heroin from a Pakistani smuggler namely Billa and sell the same as per his directions. He further disclosed that the drug money used to be handed over to the present petitioner and one -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-9823-2026 (O&M) Date of Decision : 12.03.2026 ....Petitioner ....Respondent MANDEEP PANNU , Advocate for the petitioner. petition filed under Section 483 of the Bharatiya (earlier Section 439 Cr.P.C) for grant of the concession of regular bail to the petitioner in case FIR No.94, dated 19.06.2024 , 61 and 85 of the NDPS Act at Police Briefly, the case of the prosecution is that on 19.06.2024, on the basis Gurjant Singh @ Janty and Jaspal Singh @ Pal were apprehended by a police party headed by Inspector Amandeep Singh and was allegedly effected from their possession. accused Gurjant Singh @ Janty made a disclosure ent stating that he used to receive consignments of heroin from a Pakistani and sell the same as per his directions. He further disclosed that the drug money used to be handed over to the present petitioner and one petition filed under Section 483 of the Bharatiya for grant of the 19.06.2024, at Police Briefly, the case of the prosecution is that on 19.06.2024, on the basis Jaspal Singh @ Pali were apprehended by a police party headed by Inspector Amandeep Singh and was allegedly effected from their possession. accused Gurjant Singh @ Janty made a disclosure ent stating that he used to receive consignments of heroin from a Pakistani and sell the same as per his directions. He further disclosed Raj TRIPTI SAINI 2026.03.13 13:35 I attest to the accuracy and integrity of this document CRM-M-9823-2026 Kumar. On the b were nominated in the case. 3. It is further the case of the prosecution that on the same day the petitioner and co and an amount of petitioner was arrested on 29.06.2024 and during search of his residence, lakhs and a note counting machine investigation, challan has be accused is facing trial. 4. Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has been nominated during investigation only on the basis of disclosure statements of the co further submitted that the office premises belonged to the firm namely Company, where the petitioner is employed and which deals in foreign exchange and money transfer. Apart from the said recovery, produced to connect the petitioner with the recovery of contraband effected from the principal accused. It is also contended that the petitioner is in custody since 29.06.2024 and no contraband has been recovered from him. Learne counsel further submits that the the contraband was recovered, has already been granted the concession of regular bail by a Coordinate Bench of this Court 5. Per contra regular bail and submits that the petitioner was actively involved in the drug trafficking network and has been nominated during investigation on the basis of 2026 (O&M) . On the basis of the said disclosure statement, the petitioner and Raj Kumar were nominated in the case. It is further the case of the prosecution that on the same day the petitioner and co-accused Raj Kumar were apprehended while travelling in a car unt of Rs. 27.10 lakhs was recovered from them. Subsequently, the petitioner was arrested on 29.06.2024 and during search of his residence, lakhs and a note counting machine were allegedly recovered. After completion of investigation, challan has been presented and the petitioner along with the co accused is facing trial. Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has been nominated during investigation only on the basis of disclosure statements of the co further submitted that the amount of Rs. 55,00,000/ office premises belonged to the firm namely , where the petitioner is employed and which deals in foreign exchange and money transfer. Apart from the said recovery, produced to connect the petitioner with the recovery of contraband effected from the principal accused. It is also contended that the petitioner is in custody since and no contraband has been recovered from him. Learne counsel further submits that the main accused, Gurjant Singh @ Janty the contraband was recovered, has already been granted the concession of regular Coordinate Bench of this Court. Per contra, learned State counsel oppose regular bail and submits that the petitioner was actively involved in the drug trafficking network and has been nominated during investigation on the basis of -2- asis of the said disclosure statement, the petitioner and Raj Kumar It is further the case of the prosecution that on the same day the accused Raj Kumar were apprehended while travelling in a car was recovered from them. Subsequently, the petitioner was arrested on 29.06.2024 and during search of his residence, Rs. 55 were allegedly recovered. After completion of en presented and the petitioner along with the co Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has been nominated during investigation only on the basis of disclosure statements of the co-accused. It is Rs. 55,00,000/- allegedly recovered from the office premises belonged to the firm namely Ramesh Kumar Shankarlal and , where the petitioner is employed and which deals in foreign exchange and money transfer. Apart from the said recovery, no other material has been produced to connect the petitioner with the recovery of contraband effected from the principal accused. It is also contended that the petitioner is in custody since and no contraband has been recovered from him. Learned senior main accused, Gurjant Singh @ Janty, from whom the contraband was recovered, has already been granted the concession of regular , learned State counsel opposes the prayer for grant of regular bail and submits that the petitioner was actively involved in the drug trafficking network and has been nominated during investigation on the basis of asis of the said disclosure statement, the petitioner and Raj Kumar It is further the case of the prosecution that on the same day the accused Raj Kumar were apprehended while travelling in a car was recovered from them. Subsequently, the Rs. 55 were allegedly recovered. After completion of en presented and the petitioner along with the co- Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has been nominated during accused. It is allegedly recovered from the Ramesh Kumar Shankarlal and , where the petitioner is employed and which deals in foreign exchange no other material has been produced to connect the petitioner with the recovery of contraband effected from the principal accused. It is also contended that the petitioner is in custody since d senior , from whom the contraband was recovered, has already been granted the concession of regular s the prayer for grant of regular bail and submits that the petitioner was actively involved in the drug trafficking network and has been nominated during investigation on the basis of TRIPTI SAINI 2026.03.13 13:35 I attest to the accuracy and integrity of this document CRM-M-9823-2026 disclosure statements of the co under the NDPS Act is serious in nature and the petitioner is also involved in another case under the NDPS Act registered at the same police station. Custody certificate produced by the learned State counsel is taken on record. 6. It has also b petition bearing CRM Court on 20.09.2025 7. I have heard learned counsel for the parties and have perused the record. 8. The petitioner is in custody since the recovery of the contraband has been effected from the co the present petitioner statements during already been presented on 03.12.2024. Out of and thus, the conclusion of the trial is l record that the main accused, Gurjant Singh @ Janty contraband was recovered, has already been granted regular bail by a Coordinate Bench of this Court. 9. The evidentiary value of absence of recovery or corroboration is weak in view of the settled position of law laid down by the Hon'ble Supreme Court in ‘ Haryana’, bearing Special Leave to Appeal (Crl.) No. 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, 2026 (O&M) disclosure statements of the co-accused. It is further submitted that t under the NDPS Act is serious in nature and the petitioner is also involved in another case under the NDPS Act registered at the same police station. Custody certificate produced by the learned State counsel is taken on record. It has also been brought to the notice of this Court that the petition bearing CRM-M-12449-2025 filed by the petitioner was Court on 20.09.2025. I have heard learned counsel for the parties and have perused the The petitioner is in custody since 29.06.2024 recovery of the contraband has been effected from the co the present petitioner, who has been nominated primarily on the basis of disclosure statements during the course of investigation. The challan in the present case has already been presented on 12.11.2024 and charges have been framed on . Out of 33 prosecution witnesses, only 06 have been examined and thus, the conclusion of the trial is likely to take some time. It is also a matter of main accused, Gurjant Singh @ Janty contraband was recovered, has already been granted regular bail by a Coordinate Bench of this Court. The evidentiary value of a disclosure statement of a co absence of recovery or corroboration is weak in view of the settled position of law laid down by the Hon'ble Supreme Court in ‘ Haryana’, bearing Special Leave to Appeal (Crl.) No. 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, -3- accused. It is further submitted that the offence under the NDPS Act is serious in nature and the petitioner is also involved in another case under the NDPS Act registered at the same police station. Custody certificate produced by the learned State counsel is taken on record. een brought to the notice of this Court that the earlier bail filed by the petitioner was dismissed by this I have heard learned counsel for the parties and have perused the 29.06.2024. It is not in dispute that recovery of the contraband has been effected from the co-accused and not from , who has been nominated primarily on the basis of disclosure the course of investigation. The challan in the present case has and charges have been framed on 33 prosecution witnesses, only 06 have been examined so far ikely to take some time. It is also a matter of main accused, Gurjant Singh @ Janty, from whose possession the contraband was recovered, has already been granted regular bail by a Coordinate a disclosure statement of a co-accused, in the absence of recovery or corroboration is weak in view of the settled position of law laid down by the Hon'ble Supreme Court in ‘Vijay Singh vs. The State of Haryana’, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023 decided on The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, he offence under the NDPS Act is serious in nature and the petitioner is also involved in another case under the NDPS Act registered at the same police station. Custody earlier bail dismissed by this I have heard learned counsel for the parties and have perused the . It is not in dispute that accused and not from , who has been nominated primarily on the basis of disclosure the course of investigation. The challan in the present case has and charges have been framed on so far ikely to take some time. It is also a matter of , from whose possession the contraband was recovered, has already been granted regular bail by a Coordinate accused, in the absence of recovery or corroboration is weak in view of the settled position of law Vijay Singh vs. The State of (s) 1266/2023 decided on The petitioner is alleged to have committed offences under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, TRIPTI SAINI 2026.03.13 13:35 I attest to the accuracy and integrity of this document CRM-M-9823-2026 1985 (hereinafter called the NDPS Act)". His application for antic The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda Post) was recovered from the co was not present at the spot but was named by the co apart there is 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.” 10. Keeping in view the no contraband has been recovered from the petitioner with the co-accused this Court is of the view that further incarceration of the petitioner woul useful purpose. 11. Consequently, the present petition is Ram is ordered to be bail and surety bonds to the satisfaction of the learned trial Court/Duty concerned. 12. However, nothing observed hereinabove shall be construed as an expression of opinion on the merits of the case. 13. All pending miscellaneous application(s), if any, stands disposed of. March 12, 2026 tripti Whether speaking/non Whether reportable 2026 (O&M) 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 apart there is no other material to implicate the 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.” Keeping in view the period of custody no contraband has been recovered from the petitioner accused, and without expressing any opinion on the merits of the case, this Court is of the view that further incarceration of the petitioner woul Consequently, the present petition is is ordered to be released on regular bail, subject to his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty However, nothing observed hereinabove shall be construed as an expression of opinion on the merits of the case. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- 1985 (hereinafter called the NDPS Act)". His application for ipatory bail was rejected by the High Court. The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda accused. The petitioner concededly was not present at the spot but was named by the co-accused. That no other material to implicate the 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.” period of custody, the stage of trial, the fact that no contraband has been recovered from the petitioner, and the principle of parity , and without expressing any opinion on the merits of the case, this Court is of the view that further incarceration of the petitioner would serve no Consequently, the present petition is allowed. The petitioner Kheta , subject to his furnishing adequate bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate However, nothing observed hereinabove shall be construed as an All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No 1985 (hereinafter called the NDPS Act)". His application for The allegations in the FIR are that 1.7 Kg of Poppy Straw (Doda accused. The petitioner concededly accused. That no other material to implicate the 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 fact that principle of parity , and without expressing any opinion on the merits of the case, d serve no Kheta adequate Magistrate However, nothing observed hereinabove shall be construed as an All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.13 13:35 I attest to the accuracy and integrity of this document