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High Court of Punjab and Haryana · body

2026 DAILYLAW 30129 (PNJ)

JASPREET SINGH v. STATE OF PUNJAB

CRM-M/36676/2026 · 2026-07-14

Virinder Aggarwal

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Judgment text

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CRM-M-36676-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (239) CRM-M-36676-2026 (O&M) Date of Decision:14.07.2026 JASPREET SINGH … Petitioner Versus STATE OF PUNJAB ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Rishu Mahajan, Advocate for the petitioner. Mr. Baljinder Singh Sra, Addl. A.G. Punjab. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present is the fourth petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023{for short “BNSS”} (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail during the pendency of trial in FIR No. 137 dated 02.06.2025, registered under Sections 21(b), 21(c), 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Gate Hakima, District Amritsar. 2. Briefly stated, the prosecution case is that on 02.06.2025, ASI Manjinder Singh, accompanied by a police party equipped with the investigation kit, drug detection kit, laptop and printer, was on routine patrol and checking duty in the area extending from Radha Krishan Colony towards Village Mullechak. Upon reaching near the water tank adjoining Radha Krishan Colony, the police party allegedly noticed a young man standing by the roadside who, on seeing the police officials, became perplexed and attempted to discard a heavy object wrapped in a GAURAV SOROT 2026.07.15 11:12 I attest to the accuracy and integrity of this document CRM-M-36676-2026 (O&M) -:2:- black polythene bag held in his right hand. The said person was apprehended and disclosed his identity as Karandeep Singh @ Karan, son of Jassa Singh, resident of Village Algo Khurd, Police Station Valtoha, District Tarn Taran. 2.1. The prosecution further alleges that before conducting the search, an endeavour was made to associate independent witnesses; however, owing to the deserted nature of the locality, no public person agreed to join the proceedings. Thereafter, the Investigating Officer apprised the accused of his statutory right under the NDPS Act to have the search conducted in the presence of a Gazetted Officer or a Magistrate. The accused allegedly reposed confidence in the Investigating Officer and consented to be searched by him, whereupon a memo regarding the communication of legal rights was prepared. Upon opening the polythene bag, the recovered substance was tested with the Drug Detection Kit and allegedly yielded a positive result for Heroin. On weighment through an electronic weighing scale, the recovered contraband was found to weigh 220 grams, inclusive of the polythene bag. The contraband was sealed into a parcel bearing the seal impression "MS", a sample seal was prepared separately, and the seal, after use, was handed over to ASI Balwinder Singh. The recovery proceedings were also videographed through the e- Sakshya App by Constable Jobanjeet Singh. The recovered contraband was taken into possession vide a recovery memo, and on the basis of the aforesaid allegations, the present FIR came to be registered against the petitioner for the commission of offences punishable under the provisions of the NDPS Act, 1985. GAURAV SOROT 2026.07.15 11:12 I attest to the accuracy and integrity of this document CRM-M-36676-2026 (O&M) -:3:- 3. Notice of motion. 4. Mr. Baljinder Singh Sra, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondent-State. He has also produced the custody certificate of the petitioner, which is taken on record, subject to all just exceptions. Learned State counsel has vehemently opposed the prayer for grant of regular bail and has prayed for dismissal of the present petition. 5. I have heard learned counsel for the parties at considerable length and have carefully perused the paper book, the custody certificate and the material available on record with their able assistance. 6. The record reveals that an initial recovery of 220 grams of heroin was effected from the co-accused. During the course of investigation, a further recovery of 802 grams of heroin was effected, followed by yet another recovery of 550 grams of heroin pursuant to the disclosure statements suffered by the subsequently arrested accused persons. The present petitioner came to be implicated on the basis of the disclosure statement of a co-accused, wherein he has been specifically named as one of the principal suppliers of the contraband. Significantly, at the time of his arrest, a sum of 8,70,000/- ₹ was recovered from his conscious possession. Although learned counsel for the petitioner has contended that the said amount represented funds collected for securing admission to an educational institution in Canada and did not constitute drug proceeds, the veracity of such a plea is a matter of evidence to be adjudicated during trial and cannot be conclusively examined at this stage. GAURAV SOROT 2026.07.15 11:12 I attest to the accuracy and integrity of this document CRM-M-36676-2026 (O&M) -:4:- 6.1. Having regard to the nature and gravity of the allegations, the cumulative commercial quantity of heroin recovered during the investigation, the specific attribution of the petitioner as a supplier in the narcotic supply chain, the recovery of a substantial amount of cash from his possession, and the fact that the trial is still at a nascent stage, this Court is of the considered opinion that no exceptional circumstance is made out warranting the exercise of the discretionary jurisdiction under Section 483 of the BNSS. The petitioner has remained in custody since 04.06.2025, i.e., for about one year, one month and six days, which, in the peculiar facts and circumstances of the present case, cannot by itself constitute a sufficient ground to enlarge him on regular bail, particularly in view of the rigours of the provisions governing offences involving commercial quantity under the NDPS Act. 6.2. Accordingly, without expressing any opinion on the merits of the case, the present petition is dismissed. 7. In view of the fact that the principal matter stands finally adjudicated, all pending miscellaneous applications, if any, arising out of or ancillary to the present proceedings, shall also stand disposed of in terms of the present order. Consequently, no separate or further orders are required to be passed thereon. ( VIRINDER AGGARWAL) 14.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.15 11:12 I attest to the accuracy and integrity of this document