CRM-M-20862-2026 -1- 226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20862-2026 Date of Decision: 16.07.2026 SANDEEP SINGH ... PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Kamal Gupta, Advocate for the petitioner. Mr. M.S. Toor, AAG Punjab. **** JASJIT SINGH BEDI, J. The prayer in the present petition under Section 483 BNSS is for the grant of regular bail in case bearing FIR No.0116 dated 10.10.2025 (Annexure P-1) registered under Section 15 of the NDPS Act (Section 29 NDPS Act added later on) at Police Station City Zira, District Ferozepur. 2. The brief facts of the case are that Gurpreet Singh and Sandeep Singh (petitioner) came to be apprehended while travelling in a truck bearing No.PB-02-DV-2268. A total of 51 kg and 640 grams of poppy husk was recovered from the truck. 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The petitioner has been in custody since 10.10.2025 but none of the 16 prosecution witnesses has been examined so far. Therefore, the trial of the present case is not likely KUSUM 2026.07.17 10:43 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-20862-2026 -2- to be concluded anytime soon. Even otherwise, as the recovery from the petitioner is 51 kg and 640 grams, which is marginally above the commercial quantity, the petitioner is entitled to the grant of bail. 4. On the other hand, the learned State counsel contends that the commercial quantity of contraband has been recovered from the petitioner and his co-accused. Therefore, he is not entitled to the concession of bail in view of the bar contained under Section 37 of the NDPS Act. He, however, concedes that the petitioner is a first time offender, in custody since 10.10.2025 but none of the 16 prosecution witnesses has been examined so far. 5. I have heard the learned counsel for the parties. 6. In the cases of ‘Sukhchain Singh @ Manga Versus State of Punjab, CRM-M-7857-2022 decided on 04.04.2022, Pardeep Singh versus State of Punjab, CRM-M-46244-2022 decided on 19.01.2023, Hari Yadav @ Haiya versus State of Punjab (CRM-M-37645-2021)’ decided on 11.11.2022, ‘Jang Kanwar Versus State of Punjab (CRM-M-53415-2021)’ decided on 19.01.2022, ‘Shankar Prashad Chanau Versus The State of Punjab, CRM-M-24090-2020, decided on 27.08.2020, Gurpreet Kumar Versus State of Punjab, CRM-M-17021-2021, decided on 31.08.2021, Salim Versus State of Haryana, CRM-M-42436-2020, decided on 24.02.2021, Gagandeep Versus State of Punjab, CRM-M-3055-2021, decided on 27.01.2021, Gurpreet Singh @ Gopi Versus State of Punjab, CRM-M- KUSUM 2026.07.17 10:43 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-20862-2026 -3- 41039-2019, decided on 26.02.2020, Dalbara Singh Versus State of Punjab, CRM-M-47880-2022 decided on 16.01.2023’, and Vivek Watts versus State of Punjab, CRM-M-13791-2022 decided on 15.02.2023, where the recovery from the accused was marginally above the commercial quantity for the respective contraband in each case, the Court granted bail to the accused therein. 7. In the present case, the alleged recovery from the petitioner is of 51 kg and 640 grams of poppy husk, which is marginally above the commercial quantity of 50 kg. In this situation, the provisions of Section 37 of the NDPS Act can be relaxed to an extent and the case of the petitioner can be considered for the grant of bail, moreso, when he is in custody since 10.10.2026 but none of the 16 prosecution witnesses has been examined so far. 8. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Sandeep Singh son of Satnam Singh is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned. 9. The petitioner shall appear on the first Monday of every month before the police station concerned till the conclusion of the trial and furnish an affidavit each time that he is not involved in any other case other than the present case. 10. In addition, the petitioner (or someone on his behalf) shall KUSUM 2026.07.17 10:43 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-20862-2026 -4- prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from Trial without sufficient cause. 11. The petition stands disposed of. (JASJIT SINGH BEDI) JUDGE 16.07.2026 kusum Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No KUSUM 2026.07.17 10:43 I attest to the accuracy and integrity of this document PHHC Chandigarh