CRM-M-32321-2026 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 220 CRM-M-32321-2026 Decided on : 03.07.2026 Kawaljeet Singh @ Kawli . . . Petitioner(s) Versus State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Umesh Kumar Kanwar, Advocate for the petitioner(s). Mr. Manjinder Singh Bhullar, DAG, Punjab. **** SANJAY VASHISTH, J. (Oral) 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District Kawaljeet Singh @ Kawli 245 11.09.2025 S. 21(c)/61/85 of NDPS Act, 1985 ANTF Wing, Fazilka Fazilka 2. As per case of prosecution, on 11.09.2025, while police team was in search of suspected persons, at about 5:30 PM, under shed constructed adjoining wall of Dana Mandi, a white colour Hyundai Verna car bearing registration No. HR51-AS-6219 was found parked and occupied by three Hindu gentlemen, who, on seeing police party, opened door of car and tried to run away. However, with the help of associates of Investigating Officer, all three accused were apprehended. Accused Amandeep Singh @ JAWALA RAM 2026.07.06 11:49 I attest to the accuracy and authenticity of this document CRM-M-32321-2026 - 2 - Raju was sitting on driver seat, his companion Sajan Singh alias Saji was sitting on seat behind him and petitioner – Kawaljeet Singh @ Kawli, was sitting on backside seat behind driver. On making search of car, underneath mat of conductor seat, wrapped in a transparent polythene bag, heroin was recovered, which on weighing was found to be 500 grams. 3. Learned counsel for petitioner argues that, in fact, a false case has been foisted upon petitioner because after registration of one more case, i.e. FIR No. 47 dated 07.05.2025, under Section 22 of NDPS Act, 1985, registered at Police Station Sadar Jalalabad, petitioner was released on bail only after a period of 01 month and 07 days. Just to increase number of cases and to put petitioner behind bars, again his name has been unnecessarily involved in present case as well. Further argues that except for story framed by police, there is no other connecting evidence available to establish that petitioner is equally liable for committing offence. 4. Learned counsel submits that car in question belongs to father of co-accused – Amandeep Singh @ Raju, and petitioner has no concern with any of accused, who were present in car at the time of effecting recovery. Moreover, recovered narcotic contraband could not be noticed, unless the mat/carpet, under which it was concealed, was removed. Therefore, moot question the during course of trial would be also, whether, petitioner was having any knowledge or not, or the conscious possession of the contraband lying in the car. Further submits that petitioner is inside jail for the last more JAWALA RAM 2026.07.06 11:49 I attest to the accuracy and authenticity of this document CRM-M-32321-2026 - 3 - than 09 months and 18 days and till date, out of total 14 cited prosecution witnesses, none has been examined. Thus, learned counsel submits that keeping in view facts of case and antecedents of petitioner, he deserves an opportunity to reform and reintegrate himself into society. Thus, prays that by taking a lenient view, concession of regular bail be granted to him. 5. On other hand, learned State counsel has filed custody certificate dated 02.07.2026 in Court today. Same is taken on record. Office to tag same at appropriate place. Copy thereof has been handed over to learned counsel for petitioner. 6. Learned State counsel while opposing the prayer for bail, submits that 500 grams of heroin, which is the commercial quantity, was recovered from the car, which was occupied by the petitioner also along with other co-accused. Thus, rigours of Section 37 of NDPS Act, 1985 are fully attracted in present case. Learned State counsel further submits that petitioner is also involved in another case under NDPS Act and, therefore, he does not deserve any concessional relief. Thus, keeping in view the nature and gravity of allegations, quantity of recovered contraband and bar contained under Section 37 of NDPS Act, prays for dismissal of the bail petition. 7. I have heard the learned counsel for the parties and perused the material available on record. 8. Admittedly, petitioner is not the owner of the car in question, and it admittedly belongs to the father of co-accused – Amandeep Singh @ Raju. Recovery of 500 grams of heroin was effected from underneath the mat of conductor seat and not from conscious or exclusive possession of JAWALA RAM 2026.07.06 11:49 I attest to the accuracy and authenticity of this document CRM-M-32321-2026 - 4 - petitioner. At this stage, there is no material on record to prima facie establish that petitioner was having exclusive control of the car or over the place from where contraband was recovered. Whether petitioner had knowledge of concealment of recovered contraband and was in conscious possession thereof, would be a matter of evidence, which definitely need to be appreciated by trial Court during the course of trial. It is also not disputed that petitioner is inside jail for more than a period of 09 months and 18 days. Out of total 14 cited prosecution witnesses, none has been examined till date. Thus, conclusion of trial is also likely to take considerable time. Continued incarceration of petitioner for an indefinite period, without any meaningful progress in trial, would serve no useful purpose. 9. So far as applicability of rigours of Section 37 of NDPS Act is concerned, same would undoubtedly apply. However, at this stage, having regard to the facts and circumstances having been noticed here-above, particularly nature of recovery; absence of any specific allegation regarding exclusive conscious possession of petitioner; period of incarceration already undergone by him; slow pace of trial; without commenting much upon the merits of the case; this Court is of considered view that petitioner has made out a case for bail. Consequently, prayer made in the present petition is allowed. Petitioner 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 required in any other case. JAWALA RAM 2026.07.06 11:49 I attest to the accuracy and authenticity of this document CRM-M-32321-2026 - 5 - 10. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 11. Any of the discussion done and recorded here-above, shall not be construed as an expression of opinion on the facts of the case. 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. 12. 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. 13. Petition stands disposed of. Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE July 03, 2026 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2026.07.06 11:49 I attest to the accuracy and authenticity of this document