Extracted from the PDF above. The PDF is authoritative.
CRM-M-11580-2026 and other connected cases 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 227
CRM-M-11580-2026
Jaswinder Singh @ Bhalu . . . Petitioner(s) Versus State of Punjab
. . . Respondent(s) 355
CRM-M-11521-2026
Billu Khan . . . Petitioner(s) Versus State of Punjab
. . . Respondent(s) 356
CRM-M-14986-2026
Ajay Sharma @ Gora . . . Petitioner(s) Versus State of Punjab
. . . Respondent(s) 357
CRM-M-23822-2026
Satnam Singh @ Satti . . . Petitioner(s) Versus State of Punjab
. . . Respondent(s) Decided on :21.07
.2026
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. L.S. Sekhon, Advocate Mr. Gurkeerat Singh, Advocate Mr. Luv Bishnoi, Advocate for the petitioner (in CRM-M-11580-2026 and CRM-M-23822-2026). Mr. Munish Raj Chaudhary, Advocate for the petitioner (in CRM-M-11521-2026). Mr. Arjunveer Sharma, Advocate Mr. Gaurav Goyal, Advocate and Mr. Ankit Gupta, Advocate for the petitioner (in CRM-M-14968-2026) Mr. Vinay Malhotra, DAG, Punjab. **** RASHMI 2026.07.22 11:06 I attest to the accuracy and integrity of this document
CRM-M-11580-2026 and other connected cases 2 SANJAY VASHISTH
, J. (Oral)
1. All the aforementioned petitions are being disposed of by way of one common order. 2. Instant petitions have been filed under Section 483 of BNSS, 2023 (earlier Section 439 of Cr.P.C.), for grant of regular bail to the petitioners, during the pendency of trial, who have been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name
of Petitioner(s) FIR No. Date Section(s) Police Station Distt. Jaswinder Singh
@ Bhalu 0570 11.12.2025 21, 25 of NDPS Act and Sections 29/61/85 of NDPS Act (added later on) City Barnala Barnala Billu Khan 0570 11.12.2025 21, 25 of NDPS Act and Sections 29/61/85 of NDPS Act (added later on) City Barnal Barnala Ajay Sharma @ Gora 570 11.12.2025 21,25,29 of NDPS At and Section 238 of BNS (201 IPC) City Barnala Barnala Satnam Singh
@ Satti 570 11.12.2025 21,25 and 29 NDPS Act and Section 238 of BNS (201 IPC) City Barnala Barnala RASHMI 2026.07.22 11:06 I attest to the accuracy and integrity of this document
CRM-M-11580-2026 and other connected cases 3
3. Case of the prosecution, as noticed in paragraph No. 4 of the impugned order dated 12.02.2026 passed by the learned Judge, Special Court, Barnala (annexed as P-2 with CRM-M-11580-2026), reads as under:
“4. Succinctly stated as per the prosecution version, on dated 11.12.2025 Daljit Singh ASI, along with the other police officials, was present at Bajakhana Chowk, Barnala for the purpose of patrolling and checking of suspicious persons. It was about 09:10 P.M., Daljit Singh ASI received a tip-off to the effect that Gobind Singh, Harpreet Singh, alias Heppa and Sandeep Pandit are indulged in selling intoxicant powder (heroin). Today also, the trio are coming towards Barnala from Moga with heavey quantity of intoxicant powder (heroin), on a vehicle-car, bearing registration No.CL-10-CT-1394. If a naka is laid instantly, then, they can be apprehended red- handed.
Finding the information reliable, Daljit Singh ASI sent a ruqa through Harpinderjot Singh SC to Police Station City Barnala for the purpose of registration of an FIR under Sections 21, 25 of the NDPS Act, 1985 against Gobind Singh, Harpreet Singh, alias Heppa and Sandeep Pandit. Daljit Singh ASI also requested to send another Competent Officer to the spot to proceed further into the matter of the present case. After some time, Naib Singh ASI reached the spot. Daljit Singh ASI apprised the Nabi Singh ASI to the facts of the case as well handed over the case file to him. Naib Singh ASl, along with a police party, laid a naka on Moga - Barnala main highway, near the bridge of District Jail, Barmala. After 10-15 minutes, the police party intercepted a vehicle car bearing registration No.CL-10-CT-1394, from Moga side. Upon enquiry the driver of the car identified himself as RASHMI 2026.07.22 11:06 I attest to the accuracy and integrity of this document
CRM-M-11580-2026 and other connected cases 4 Gobind Singh. The person sitting on the front passanger seat disclosed his name as Sandeep Pandit. Naib Singh ASI introduced himself to the accused as well apprised them of their statutory right under Section 50 of the NDPS Act, 1985. However, the accused wished to be searched in the presence of some Gazatted Officer. Following this, Satvir Singh, the DSP, Sub Division, Barnala reached the spot and introduced himself to the accused as well apprised them of their statutory right under Section 50 of the NDPS Act, 1985. After complying with mandatory provisions of the NDPS Act, 1985, the search of vehicle-car, bearing registration No.DL- 10-CT-1394, got conducted, which resulted into recovery of intoxicant powder (heroin), weighing 1 kilo 39 grams, therefrom. Thereafter, the police party arrehended Harpreet Singh from Court Chowk, Barnala on the identification of Gobind Singh.”
4.
It was during the investigation that accused were also involved in the present case namely i) Satnam Singh @ Satti, ii) Jaswinder Singh alias Raju, iii) Billu Khan, iv) Jaswinder Singh @ Bhalu, v) Ajay Sharma and vi) Gurwinder Singh alias Laddi, they were arrested on 16.12.2025, 04.01.2026, 09.01.2026, 06.02.2026 and 05.01.2026 respectively, however, accused-Gurwinder Singh could not be arrested till the filing of the challan. 5.
Learned counsel appearing for the respective petitioners contends that the petitioners were neither named in the secret information nor were they present in the vehicle from which the alleged recovery was effected. It is alo submitted that it was only after the registration of the FIR and the arrest of two of the named accused that the names of the RASHMI 2026.07.22 11:06 I attest to the accuracy and integrity of this document
CRM-M-11580-2026 and other connected cases 5 present petitioners surfaced, allegedly with the sole object of enlarging the number of accused involved in the case.
6. It is further argued that the implication of the petitioners rests solely upon the disclosure statements of co-accused. Such disclosure statements are not substantive evidence and are not binding against the persons sought to be implicated therein. In the absence of any independent corroborative or connecting evidence, the possibility of the prosecution establishing the petitioners' guilt in relation to the alleged recovery is extremely remote.
7.
Learned counsel further submits that, apart from the registration of certain other criminal cases against the petitioners, namely Jaswinder Singh @ Bhalu, Billu Khan, Ajay Sharma @ Gora and Satnam Singh @ Satti, there is no material on record to cast any doubt on their credentials or to connect them with the alleged offence. Accordingly, learned counsel prays for the grant of regular bail to the petitioners. 8. Per contra, learned State counsel opposes the prayer for grant of regular bail. It is submitted that the petitioners have been found involved during the course of investigation on the basis of material collected by the investigating agency. It is argued that their involvement is not confined merely to the disclosure statements of the co-accused, as the investigation has also revealed their nexus with the principal accused and their role in the commission of the offence. Learned State counsel further submits that the contraband recovered is of commercial quantity, RASHMI 2026.07.22 11:06 I attest to the accuracy and integrity of this document
CRM-M-11580-2026 and other connected cases 6 thereby attracting the rigours of Section 37 of the NDPS Act. It is also pointed out that the petitioners are involved in other criminal cases, which reflects their criminal antecedents and disentitles them to the concession of bail. Accordingly, it is contended that, considering the gravity of the offence, the nature of the allegations, and the statutory embargo contained in Section 37 of the NDPS Act, the present petitions deserve to be dismissed. 9. I have heard learned counsel for the parties and have perused the paper-book. 10. Without expressing any opinion on the merits of the case, this Court is of the considered view that petitioners deserve the concession of regular bail. Admittedly, petitioners were neither named in the secret information; nor were they present in the vehicle from which the alleged contraband was recovered. Their alleged involvement surfaced only during the course of investigation. At this stage, the prosecution has not been able to point out any independent material, apart from the disclosure statements of the co-accused, which prima facie connects the petitioners with the alleged recovery. The evidentiary value and admissibility of such material are matters to be considered during the course of trial. It is also not in dispute that petitioners are in custody since January, 2026 and the trial is likely to take considerable time for its conclusion.
Thus, further incarceration of the petitioners would not serve any useful purpose for the prosecution. RASHMI 2026.07.22 11:06 I attest to the accuracy and integrity of this document
CRM-M-11580-2026 and other connected cases 7 Accordingly, present petitions are allowed. Petitioners are ordered to be released on regular bail, subject to their furnishing bail bonds and 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. 11. Any observation made hereinabove shall not be construed as an expression of opinion on the merits of the case. Learned trial Court shall proceed to decide the case independently, on the basis of evidence available on record, in accordance with law and as expeditiously as possible. 12. Petitions stand disposed of. 13. A photocopy of this order be placed on the files of other connected cases. (SANJAY VASHISTH) JUDGE 21.07.2026 Rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2026.07.22 11:06 I attest to the accuracy and integrity of this document