Research › Search › Judgment

High Court of Punjab and Haryana · body

2026 DAILYLAW 31946 (PNJ)

VISHAL KUMAR @ LADDI v. STATE OF PUNJAB

CRM-M/14076/2026 · 2026-07-20

Surya Partap Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM IN THE HIGH COURT OF PUNJAB & HARYANA AT 214 Vishal Kumar @Laddi State of Punjab [ CORAM: Present : SURYA PARTAP SINGH under Section 483 of been filed under Section hereinafter being referred to as ‘NDPS Act’ District SAS Nagar 2. ‘ASI Surinder when he was on patr vehicle checking duty, on the basis of suspicion, one Ertiga car bearing registration No.PB27 police officer, @Ladi’ (the petitioner herein) and ‘Vinay Kumar’ CRM-M-14076-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Vishal Kumar @Laddi VERSUS State of Punjab CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Mr. Samuel Gill, Advocate for Mr. I.P.S. Sabharwal, DAG, Punjab ***** SURYA PARTAP SINGH, J. (oral) This petition for bail is the first under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita been filed with regard to a case arising out of under Section 22 of Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’ SAS Nagar (Mohali). The abovementioned FIR came into being at the instance of Surinder Singh’, who reported that on when he was on patrolling duty along with other police officials, deputed for vehicle checking duty, on the basis of suspicion, one Ertiga car bearing registration No.PB27-K-9069 was intercepted. According to above police officer, three persons, namely ‘Sandeep Singh’, @Ladi’ (the petitioner herein) and ‘Vinay Kumar’ 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-14076-2026 (O&M) Date of decision : 20.07.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH , Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. ***** first petition, filed by the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023’. It case arising out of FIR No.16 dated 13.01.2026 Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’, Police Station Dera Bassi The abovementioned FIR came into being at the instance of who reported that on 13.01.2026 at about 07:25 pm, ong with other police officials, deputed for vehicle checking duty, on the basis of suspicion, one Ertiga car bearing 9069 was intercepted. According to above-named three persons, namely ‘Sandeep Singh’, ‘Vishal Kumar @Ladi’ (the petitioner herein) and ‘Vinay Kumar’, were travelling in the (O&M) .2026 Petitioner ..... Respondent petitioner has 13.01.2026, Narcotic Drugs and Psychotropic Substances Act, Dera Bassi, The abovementioned FIR came into being at the instance of 13.01.2026 at about 07:25 pm, ong with other police officials, deputed for vehicle checking duty, on the basis of suspicion, one Ertiga car bearing named ‘Vishal Kumar , were travelling in the GAURAV THAKUR 2026.07.21 09:52 I attest to the accuracy and integrity of this document CRM abovementioned car, and that on search of the abovementioned car, 57 vials of Codisrin Cough Syrup 3. abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were performed, and further investigation taken up 4. 5. respondent with. The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. the State. However, petition. 6. 7. the petitioner, who has for a period of more than six months, and that the trial is not likely to be concluded in near future. It has also been contended by learned counsel for the petitioner that if total quantity of Codisrin found in the abovementioned syrup is ta ambit of ‘small quantity’ 8. abovementioned arguments CRM-M-14076-2026 (O&M) 2 abovementioned car, and that on search of the abovementioned car, 57 vials of Codisrin Cough Syrup (100 ml each) were recovered. It is the case of the prosecution abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were performed, and further investigation taken up Notice of motion. Mr. I.P.S. Sabharwal, DAG, Punjab respondent-State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. . However, the learned State Counsel has orally oppose Heard. It has been contended by learned the petitioner, who has clean antecedents, for a period of more than six months, and that the trial is not likely to be concluded in near future. It has also been contended by learned counsel for the petitioner that if total quantity of Codisrin found in the abovementioned is taken into consideration, the quantity of Codisrin ambit of ‘small quantity’. The learned State Counsel has controverted the abovementioned arguments. It has been contended by learned State Counsel 2 abovementioned car, and that on search of the abovementioned car, 57 vials (100 ml each) were recovered. It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were performed, and further investigation taken up. r. I.P.S. Sabharwal, DAG, Punjab appears on behalf of State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the No formal reply has been filed by the learned State Counsel has orally opposed the present It has been contended by learned counsel for the petitioner that clean antecedents, has already suffered incarceration for a period of more than six months, and that the trial is not likely to be concluded in near future. It has also been contended by learned counsel for the petitioner that if total quantity of Codisrin found in the abovementioned ken into consideration, the quantity of Codisrin comes within the The learned State Counsel has controverted the . It has been contended by learned State Counsel abovementioned car, and that on search of the abovementioned car, 57 vials that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were appears on behalf of State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the has been filed by the present counsel for the petitioner that incarceration for a period of more than six months, and that the trial is not likely to be concluded in near future. It has also been contended by learned counsel for the petitioner that if total quantity of Codisrin found in the abovementioned comes within the The learned State Counsel has controverted the . It has been contended by learned State Counsel GAURAV THAKUR 2026.07.21 09:52 I attest to the accuracy and integrity of this document CRM that in the present case, possession of petitioner and his co ‘commercial quantity’ and therefore, without satisfying the twin conditions, enshrined under Section the benefit of bail. 9. 10. plea has been taken by learned counsel for the petitioner of Codisrin component in commercial quantity, but this fact cannot be ignored that the entire quantity of syrup, which was recovered from the possession of petitioner (containing Codisrin) quantity comes out to be ‘commercial quantity’. Therefore, without satisfying the twin conditions, enshrined under Section petitioner cannot be accorded the benefit of bail nothing on record to show that twin conditions, enshrined under Section of NDPS 11. abovementioned factors the case, deserves dismissal. Hence, the same is hereby 12. shall not have any CRM-M-14076-2026 (O&M) 3 that in the present case, the quantity of syrup, which was recovered from the possession of petitioner and his co-accused, comes within the ambit of ‘commercial quantity’ and therefore, without satisfying the twin conditions, enshrined under Section-37 of NDPS Act, the petitioner c the benefit of bail. The record has been perused carefully. A perusal of record shows that plea has been taken by learned counsel for the petitioner Codisrin component in the syrup was 11.4 gms, commercial quantity, but this fact cannot be ignored that the entire quantity of syrup, which was recovered from the possession of petitioner (containing is supposed to be taken into consideration quantity comes out to be ‘commercial quantity’. Therefore, without satisfying the twin conditions, enshrined under Section petitioner cannot be accorded the benefit of bail on record to show that twin conditions, enshrined under Section Act, stands satisfied. Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of , it is hereby held that the present petition dismissal. Hence, the same is hereby However, it is clarified that the abovementioned observations shall not have any bearing on the merits of the 3 the quantity of syrup, which was recovered from the accused, comes within the ambit of ‘commercial quantity’ and therefore, without satisfying the twin conditions, 37 of NDPS Act, the petitioner cannot be accorded The record has been perused carefully. A perusal of record shows that in the present case, although plea has been taken by learned counsel for the petitioner that total quantity the syrup was 11.4 gms,and that the same is not a commercial quantity, but this fact cannot be ignored that the entire quantity of syrup, which was recovered from the possession of petitioner (containing is supposed to be taken into consideration and the abovementioned quantity comes out to be ‘commercial quantity’. Therefore, without satisfying the twin conditions, enshrined under Section-37 of NDPS Act, the petitioner cannot be accorded the benefit of bail. In the present case, there is on record to show that twin conditions, enshrined under Section Taking into consideration the cumulative effect of all the , but without commenting anything on the merits of the present petition is devoid of merit and dismissal. Hence, the same is hereby dismissed, accordingly. it is clarified that the abovementioned observations on the merits of the case. the quantity of syrup, which was recovered from the accused, comes within the ambit of ‘commercial quantity’ and therefore, without satisfying the twin conditions, annot be accorded although a that total quantity not a commercial quantity, but this fact cannot be ignored that the entire quantity of syrup, which was recovered from the possession of petitioner (containing and the abovementioned quantity comes out to be ‘commercial quantity’. Therefore, without 37 of NDPS Act, the . In the present case, there is on record to show that twin conditions, enshrined under Section-37 Taking into consideration the cumulative effect of all the , but without commenting anything on the merits of and it is clarified that the abovementioned observations GAURAV THAKUR 2026.07.21 09:52 I attest to the accuracy and integrity of this document CRM 13. disposed of, accordingly. 20.07.202 Gaurav Thakur CRM-M-14076-2026 (O&M) 4 Pending miscellaneous application(s), if any, also stand(s) disposed of, accordingly. 2026 Gaurav Thakur Whether speaking / reasoned Whether Reportable 4 Pending miscellaneous application(s), if any, also stand(s) (SURYA PARTAP SINGH) JUDGE Whether speaking / reasoned Yes/No Yes/No Pending miscellaneous application(s), if any, also stand(s) ) GAURAV THAKUR 2026.07.21 09:52 I attest to the accuracy and integrity of this document