CRM-M-34449-2026 -1- 261 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-34449-2026 Date of Decision:-06.07.2026 ARSHDEEP SINGH @ KAKKO ......Petitioner Vs. STATE OF PUNJAB ......Respondent CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Kinshuk Nanda, Advocate for the Petitioner (through V.C.) Mr. Attar Ahmed, DAG, Punjab. *** JASJIT SINGH BEDI, J. (ORAL) The prayer in this petition under Section 483 BNSS, 2023 is for the grant of regular bail in case FIR No.157 dated 29.09.2025 registered under Sections 21, 27-A, 61, 85 of NDPS Act at Police Station Chattiwind Amritsar, District Amritsar Rural. 2. The brief facts of the case are that the petitioner and co-accused, Rajan Singh @ Talli (granted bail vide order dated 16.02.2026 passed in CRM-M-69727-2025) came to be apprehended with 06 grams and 07 grams of heroin, respectively along with Rs.300/- drug money. 3. The learned counsel for the petitioner contends that the petitioner had been falsely implicated in the present case. There was violation of mandatory provisions of the Act regarding search and seizure including Sections 42 and 50. As the petitioner is in custody since 29.09.2025 but the report under Section 173(2) Cr.PC is yet to be filed and the recovery is of non-commercial quantity of contraband, he is entitled to JITESH LAL 2026.07.07 16:43 I attest to the accuracy and integrity of this document CRM-M-34449-2026 -2- the concession of bail. 4. The learned counsel for the State, on the other hand, contends that serious allegations have been levelled against the petitioner. Offences of this kind were on the rise and, therefore, he is not entitled to the concession of bail. He, however, concedes that the petitioner is in custody since 29.09.2025 but the report under Section 173(2) Cr.PC is yet to be filed and that the recovery is of non-commercial quantity of contraband. 5. I have heard the learned counsel for the parties. 6. Admittedly, the recovery from the petitioner is of non- commercial quantity of contraband. Therefore, the bar contained under Section 37 of the NDPS Act would not be applicable to the case of the petitioner. Further, the petitioner is stated to be in custody since 29.09.2025 but the report under Section 173(2) Cr.PC is yet to be filed. Therefore the Trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required. 7. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Arshdeep Singh @ Kakko S/o Dilbagh Singh is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. 8. The petition stands disposed of. ( JASJIT SINGH BEDI ) JUDGE 06.07.2026 JITESH Whether speaking/reasoned Yes/No Whether reportable Yes/No JITESH LAL 2026.07.07 16:43 I attest to the accuracy and integrity of this document