CRM-M-14415-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218 CRM-M-14415-2026 Decided on : 07.07.2026 MALKIT SINGH @ GORA .....PETITIONER Versus STATE OF PUNJAB ......RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Rajiv Kumar Saini, Advocate for the petitioner. Mr. Vinay Malhotra, DAG, Punjab. ***** SANJAY VASHISTH, J. 1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), seeking grant of regular bail in case FIR No.151 dated 18.06.2024, under Section 18(b), 21-C, 25, 27(a), 29 of NDPS, registered at Police Station Gharinda, District Amritsar Rural. 2. As per the case of prosecution, while police team was patrolling one motorcycle came from Attari Road Chowk and two persons were riding over it. On seeing police party, the motorcycle driver applied break and tried to turn back, however, motorcycle slipped and thereupon, both of them were apprehended. On inquiry pillion rider disclosed his name as Malkit Singh alias Gora (petitioner herein) and co-accused who was driving the motorcycle disclosed his identity as Kuldeep alias Seepa. From the possession of driver, no narcotic contraband could be recovered therefore, he was granted bail by this Court vide order dated 27.02.2026 (Annexure P-3) passed in CRM-M-73927-2025. However, recovery of 500 grams of opium along with currency of Rs.20,000/- was effected from the possession of present petitioner and Page 1 of 3 Pages PRIYANKA 2026.07.09 09:55 I attest to the accuracy and integrity of this document CRM-M-14415-2026 subsequently on the basis of his disclosure statement 1kg heroin was also additionally recovered from his house. 3. Without arguing much on merits or on the factual allegations, counsel submits that there is inordinate delay in the proceedings before the trial Court and petitioner is in custody without his fault for the last more than a period of 02 years. 4. On the other hand, learned State counsel also confirms that petitioner is in custody for the last more than a period of 02 years and 12 days. Out of total 11 prosecution witnesses, only two have been examined and 01 is given up. 5. I have considered the rival submissions advanced by learned counsel for the parties and gone through the record. 6. There is a bar under Section 37 however, it being the first petitioner who is of the age of 32 years is facing the allegations first time against him under the NDPS Act. Therefore, said bar is not applied in it’s strict terms, with a purpose to afford chance to the petitioner to rehabilitate himself in the society. 7. Keeping in view the age of the petitioner, who is stated to be of about 48 years, and considering the overall facts and circumstances of the case, this Court finds it appropriate to afford one more opportunity to the petitioner to join the normal course of life and to rehabilitate himself in society. Thus, in view the principle of parity; stage of trial; and without expressing any opinion on the merits of the case, this Court is of the considered view that the rigours of Section 37 of the NDPS Act stand satisfied to a limited extent for the purpose of grant of bail. Accordingly, Page 2 of 3 Pages PRIYANKA 2026.07.09 09:55 I attest to the accuracy and integrity of this document CRM-M-14415-2026 this Court deems it appropriate to grant the concession of regular bail to the petitioner. 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. 8. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 9. The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record. 10. Petition stands disposed of. Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE 07.07.2026 pry Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO Page 3 of 3 Pages PRIYANKA 2026.07.09 09:55 I attest to the accuracy and integrity of this document