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CRM-M-24144-2026
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 220 CRM-M-24144-2026 Decided on : 06.07.2026 SUKHPREET SINGH .....PETITIONER Versus STATE OF PUNJAB ......RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Ravinder Singh, 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.226 dated 10.09.2025, under Section 22, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substance Act, 1985 along with Sections 42 and 45 of the Prison Act, registered at Police Station Division No.7, District Police Commissionerate, Ludhiana, Punjab. 2. As per the case of prosecution, on September 10, 2025 at approximately 4:30 PM, petitioner who is Punjab Home Guard Employee posted at Tower No.06 of Central Jail, Ludhiana was searched at the outer gate by CRPF personnel. During search, 04 Red Capsules (Parega) and 14 white intoxicating tablets were recovered from the right sock of the petitioner. Upon further checking, 04 small packets of Coolip/Tobacco were also recovered from his motorcycle. During investigation, petitioner disclosed that said tablets were purchased by him from Aujla Medical Store for the last 05 years. Aujla Medical Store is owned by one Kulbir Aujla who also subsequently was made accused under Section 29 of NDPS Act. As per the FSL report, nature of contraband recovered from the petitioner is found Page 1 of 3 Pages PRIYANKA 2026.07.07 19:04 I attest to the accuracy and integrity of this document
CRM-M-24144-2026
to contain the salt of tramadol. The quantity recovered is non-commercial and petitioner is inside jail for the last more than a period of 09 months 22 days. No other similar case is found registered against the petitioner. Undoubtedly, petitioner has done gross misconduct indicting of his official duty also because petitioner is a police official, posted as guard in the jail premises and he is not expected to consume himself or deliver to inmates any kind of narcotic medicines. Out of 15 prosecution witnesses only two witnesses have been examined till date. Conculsion of trial would likely to take considerable time. Co-accused Kulbir Aujla has already been granted bail. 3. On advance notice and in response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 04.07.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.
As per the custody certificate, in the present case, petitioner has already undergone 09 months and 22 days period inside jail. 4. Learned State counsel while opposing the prayer and
submissions made by learned counsel for the petitioner, submits that petitioner does not deserve the concession of regular bail in the present case, as allegations against petitioner are of an extremely grave and serious nature. Thus, prays for dismissal of bail.
5. After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance, this Court finds substance in the submissions made by learned counsel for the petitioner by observing that petitioner is in custody for a period of 09 months and 22 days and has clean antecedents. Moreover, whether petitioner was in conscious Page 2 of 3 Pages PRIYANKA 2026.07.07 19:04 I attest to the accuracy and integrity of this document
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possession of the contraband or not, is a matter of trial to be adjudicated by the trial Court by examining the evidence. Further, out of total 15 prosecution witness, only two have been examined till date. Therefore, conclusion of trial is likely to take considerable time.
6. In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed hereinabove, I deem it appropriate to grant the concession of 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.
7. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
8. 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.
9. 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.
10. Petition stands disposed of.
(SANJAY VASHISTH) JUDGE 06.07.2026 pry Whether Speaking/Reasoned: YES/NO Whether Reportable: YES/NO Page 3 of 3 Pages PRIYANKA 2026.07.07 19:04 I attest to the accuracy and integrity of this document