IN THE HIGH COURT OF PUNJAB & HARYANA AT 227 Manjinder Singh State of Punjab [ CORAM: Present : SURYA PARTAP SINGH petitioner. The same be taken on record. the State. However, petition. 2. under Section 483 of been filed under Section and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’, Police Station 3. ‘ASI Balwinder CRM-M-15265-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Manjinder Singh VERSUS State of Punjab CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Mr. R.D.S. Bhullar, Advocate f Mr. I.P.S. Sabharwal, DAG, Punjab ***** SURYA PARTAP SINGH, J. 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 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 21-C [Sections 27 and 29 added later on] and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Police Station Sadar Sri Muktsar Sahib The abovementioned FIR came into being at the instance of Balwinder Singh’, who had reported that on (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15265-2026 (O&M) Date of decision : 21.07.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH , Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab. ***** The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. No formal reply has been filed by the learned State Counsel has orally opposed the present first petition, filed by the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023’. It case arising out of FIR No.85 dated 22.05.2025 [Sections 27 and 29 added later on] of Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib. The abovementioned FIR came into being at the instance of reported that on 22.05.2025, when he was (O&M) .2026 Petitioner ..... Respondent The learned State Counsel has filed custody certificate of the o formal reply has been filed by the present petitioner has 22.05.2025, Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS The abovementioned FIR came into being at the instance of when he was GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document leading a team of police officials, deputed for patrolling duty, a tip-off given by a reliable source, of road from Kotli Devan According to above disclosed their names as ‘Manjinder Singh’ ‘Gursewak Singh’ and ‘Tajveer Singh grams of Heroin 4. abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken u 5. 6. the petitioner time of arrest of the petitioner, requisite formalities and instructions to search & also been contended by learned counsel for the petitioner that the petitioner has already suffered incarceration for a period of more than one year and one month, and that the petitioner has c 7. Hon’ble Supreme Court of India Tamil Nadu’ Diary No.31184 of 2026 Criminal Appeal No.1166 of 2026, CRM-M-15265-2026 (O&M) 2 leading a team of police officials, deputed for patrolling duty, off given by a reliable source, a car was intercepted of road from Kotli Devan-Udekaran and Muktsar Sahib According to above-named official, the occupants of the abovesaid car disclosed their names as ‘Manjinder Singh’ ‘Gursewak Singh’ and ‘Tajveer Singh’ Heroin was 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 completed, and further investigation taken u Heard. It has been contended by learned the petitioner has been falsely implicated in the present case, and that at the time of arrest of the petitioner, requisite formalities and instructions to search & seizure were not followed by the Investigating Officer. It has also been contended by learned counsel for the petitioner that the petitioner has already suffered incarceration for a period of more than one year and one , and that the petitioner has clean antecedents While referring to the principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Abbas Ali V/s The State of Tamil Nadu’ Diary No.31184 of 2026 and ‘M. Murugan & Criminal Appeal No.1166 of 2026, it has been contended by (O&M) 2 leading a team of police officials, deputed for patrolling duty, on the basis of a car was intercepted at the intersection Udekaran and Muktsar Sahib-Bura Gujjar. , the occupants of the abovesaid car disclosed their names as ‘Manjinder Singh’ (the petitioner herein) and from the abovesaid car, 270 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 completed, and further investigation taken up. It has been contended by learned counsel for the petitioner that has been falsely implicated in the present case, and that at the time of arrest of the petitioner, requisite formalities and instructions related were not followed by the Investigating Officer. It has also been contended by learned counsel for the petitioner that the petitioner has already suffered incarceration for a period of more than one year and one lean antecedents. While referring to the principles of law laid down by the in the case of ‘Abbas Ali V/s The State of and ‘M. Murugan & Ors. V/s State’ it has been contended by learned counsel on the basis of at the intersection ura Gujjar. , the occupants of the abovesaid car (the petitioner herein), 270 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 petitioner that has been falsely implicated in the present case, and that at the related were not followed by the Investigating Officer. It has also been contended by learned counsel for the petitioner that the petitioner has already suffered incarceration for a period of more than one year and one While referring to the principles of law laid down by the in the case of ‘Abbas Ali V/s The State of Ors. V/s State’ learned counsel GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document for the petitioner the petitioner for the recovery of ‘commercial quantity’ of contraband, to delay in trial, resulting into violation of his right of speedy trial, petitioner is entitled to the 8. circumstances, wherein the principles have been propounded by the Supreme Court of India @Billa’ 2026 SCC OnLine SC 1058 abovementioned case, the petitioner (accused) was having criminal antecedents and therefore, the benefit of bail was denie 9. abovementioned arguments propounded by the Singh’ (supra present case, the quantity of recovered contraband, of ‘commercial quantity’, conditions, enshrined under Section cannot be accorded to the 10. 11. the relevant factors which are required to be taken into consideration for a decision:- CRM-M-15265-2026 (O&M) 3 for the petitioner that irrespective of the fact that there are allegations against the petitioner for the recovery of ‘commercial quantity’ of contraband, lay in trial, resulting into violation of his right of speedy trial, petitioner is entitled to the benefit of bail. The learned counsel for the petitioner circumstances, wherein the principles have been propounded by the Supreme Court of India in the case of ‘ @Billa’ 2026 SCC OnLine SC 1058 abovementioned case, the petitioner (accused) was having criminal antecedents and therefore, the benefit of bail was denie The learned State Counsel has controverted the abovementioned arguments. While relying upon the principles of law propounded by the Hon’ble Supreme Court of India supra), it has been contended by learned State Counsel that in the present case, the quantity of recovered contraband, of ‘commercial quantity’, and therefore, conditions, enshrined under Section-37 of NDPS Act, cannot be accorded to the petitioner. The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a - (O&M) 3 fact that there are allegations against the petitioner for the recovery of ‘commercial quantity’ of contraband, due lay in trial, resulting into violation of his right of speedy trial, benefit of bail. learned counsel for the petitioner while explaining the circumstances, wherein the principles have been propounded by the Hon’b in the case of ‘State of Punjab V/s Balraj Singh @Billa’ 2026 SCC OnLine SC 1058, has contended that in the abovementioned case, the petitioner (accused) was having criminal antecedents and therefore, the benefit of bail was denied to him. The learned State Counsel has controverted the . While relying upon the principles of law Hon’ble Supreme Court of India in the case of ‘Balraj , it has been contended by learned State Counsel that in the present case, the quantity of recovered contraband, comes within the ambit and therefore, without satisfying the twin 37 of NDPS Act, the benefit of bail The record has been perused carefully. A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a fact that there are allegations against due the while explaining the Hon’ble State of Punjab V/s Balraj Singh contended that in the abovementioned case, the petitioner (accused) was having criminal The learned State Counsel has controverted the . While relying upon the principles of law in the case of ‘Balraj , it has been contended by learned State Counsel that in the ambit satisfying the twin benefit of bail A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document 12. abovementioned factors the case, deserves dismissal. Hence, the same is hereby 13. shall not have any 14. disposed of, accordingly. 21.07.202 Gaurav Thakur CRM-M-15265-2026 (O&M) 4 i. that the quantity of contraband found in possession of petitioner comes within the ambit of ‘commercial quantity’; ii. that in view of above without satisfying the twin conditions, enshrined under Section-37 of NDPS accorded the benefit of bail; iii. that there is nothing on record to show that the petitioner has been successful in satisfying the twin conditions, enshrined under Section iv. that the total custody period of is one year and one month, which by any standard be treated to be a period of prolonged incarceration, inviting a presumption that right of speedy trial of the petitioner has been violated. Taking into consideration 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 case. Pending miscellaneous application(s), if any, also stand(s) disposed of, accordingly. 2026 Gaurav Thakur Whether speaking / reasoned Whether Reportable (O&M) 4 that the quantity of contraband found in possession of comes within the ambit of ‘commercial that in view of abovementioned quantity of contraband without satisfying the twin conditions, enshrined under 37 of NDPS Act, the petitioner cannot be accorded the benefit of bail; that there is nothing on record to show that the petitioner has been successful in satisfying the twin conditions, enshrined under Section-37 of NDPS Act; and that the total custody period of incarceration of petitioner is one year and one month, which by any standard cannot period of prolonged incarceration, inviting a presumption that right of speedy trial of the petitioner has been violated. 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. Pending miscellaneous application(s), if any, also stand(s) (SURYA PARTAP SINGH) JUDGE Whether speaking / reasoned Yes/No Yes/No that the quantity of contraband found in possession of comes within the ambit of ‘commercial mentioned quantity of contraband, without satisfying the twin conditions, enshrined under Act, the petitioner cannot be that there is nothing on record to show that the petitioner has been successful in satisfying the twin conditions, petitioner cannot period of prolonged incarceration, inviting a presumption that right of speedy trial of the cumulative effect of all the , but without commenting anything on the merits of and it is clarified that the abovementioned observations Pending miscellaneous application(s), if any, also stand(s) ) GAURAV THAKUR 2026.07.22 16:42 I attest to the accuracy and integrity of this document