CRM-M-27274-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 228 CRM-M-27274-2026 Date of decision : 20.07.2026 KULWANT SINGH ... PETITIONER Versus STATE OF PUNJAB .. RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. R.S. Sangha, Advocate for the petitioner. Mr. Subhash Godara, Addl. A.G., Punjab. *** H.S. Grewal, J.(Oral) 1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) seeking regular bail to the petitioner in case FIR No. 325 dated 01.12.2025, registered under Sections 21, 29, 61 and 85 of the NDPS Act at Police Station Dharamkot, District Moga. 2. The case of the prosecution is that on the basis of a secret information, co-accused Manpreet Singh was apprehended and recovery of 500 grams of heroin was allegedly effected from his conscious possession. During the course of investigation, the petitioner was nominated as an accused on the basis of the disclosure statement suffered by co-accused Manpreet Singh. 3. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and has been arraigned as an accused solely on the basis of the disclosure statement of co-accused Manpreet Singh. He submits that, SONIA GUGNANI 2026.07.21 16.19 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27274-2026 -2- apart from the said disclosure statement, there is no incriminating material on record connecting the petitioner with the alleged recovery and no recovery has been effected from his conscious possession. Learned counsel further contends that, at the time the alleged disclosure statement was recorded, the petitioner was already in custody in another case. Despite the same, the prosecution has failed to explain as to how the petitioner, while in judicial custody, could have communicated with the co-accused or played any role in the transportation or delivery of the alleged contraband. He also submits that the petitioner is in custody for the last more than 05 months and 16 days. Although the petitioner is involved in six more cases under the NDPS Act but in the present case, there is nothing to suggest the involvement of the petitioner with the alleged contraband. He, therefore, prays for release of the petitioner on regular bail as the trial is likely to take a long time because only challan has been presented and charges are yet to be framed. 4. Notice of motion. 5. On the asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, accepts notice on behalf of the respondent and vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the short reply by way of an affidavit of Mr. Sukhwinder Singh, PPS, Deputy Superintendent of Police, Dharamakot, District Moga and the custody certificate in Court, which are taken on record. As per the custody certificate, the petitioner is in custody for the last more than 05 months and 16 days. He, upon instructions, submits that although challan has been presented but charges are yet to be framed. SONIA GUGNANI 2026.07.21 16.19 I attest to the accuracy and integrity of this document Chandigarh CRM-M-27274-2026 -3- 6. I have heard the learned counsel for the parties and perused the record. 7. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 05 months and 16 days, he was not named in the FIR, no recovery has been effected from him and that the trial is likely to take a long time to conclude as only challan has been presented and charges are yet to be framed, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 9. However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail. (H.S.GREWAL) July 20, 2026 JUDGE Sonia Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SONIA GUGNANI 2026.07.21 16.19 I attest to the accuracy and integrity of this document Chandigarh