226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM-M-29236-2026 (O&M) Date of Decision : 21.07.2026 Jugraj Singh alias Jaggu ....Petitioner VERSUS State of Punjab ....Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present: Mr. Supneet Singh, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG Punjab. . -.- N.S.SHEKHAWAT J. (Oral) 1. The petitioner has filed the instant petition under Section 439 of the Cr.P.C. with a prayer to grant regular bail in case FIR No.42 dated 25.03.2026 registered under Sections 21, 27A, 61, 85 of NDPS Act at Police Station Chattiwind, District Amritsar Rural. 2. Learned counsel for the petitioner contends that as per case of the prosecution, the petitioner was apprehended by the police party on 25.03.2026, he was carrying 06 grams of heroin along with an amount of Rs.200/- in his conscious possession without any permit or licence. He further contends that the alleged recovery of 06 grams of heroin falls within the ambit of “non-commercial quantity” and the provisions of Section 37 of the NDPS Act may not apply to the facts of the present case. He further contends that even though one more case under the provisions of NDPS Act was registered against the petitioner, but the petitioner is on bail in the said TRIPTI SAINI 2026.07.22 15:31 I attest to the accuracy and integrity of this document CRM-M-29236-2026 (O&M) -2- case. The petitioner was arrested in the present case on 26.03.2026 and investigation is almost complete against him. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court. Learned State counsel further contends that one more case of similar nature has been registered against him, therefore, the present petition deserves to be dismissed by this Court. 4. I have heard the learned counsel for the parties and perused the record with their assistance. 5. In the present case, the quantity of contraband, which has been recovered from the petitioner, falls within the definition of “non-commercial quantity” and the rigors of Section 37 of the NDPS Act, do not apply to the facts of the present case. Even the petitioner is stated to be in custody for the last about 04 months. Thus, the conclusion of the trial may take quite a long time and further custody of the petitioner will not serve any meaningful purpose. 6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with TRIPTI SAINI 2026.07.22 15:31 I attest to the accuracy and integrity of this document CRM-M-29236-2026 (O&M) -3- the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local suretiesand may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 8. Pending application(s), if any, is/are disposed of. July 21, 2026 (N.S.SHEKHAWAT) tripti JUDGE Whether speaking/non-speaking : Speaking Whether reportable : Yes/No TRIPTI SAINI 2026.07.22 15:31 I attest to the accuracy and integrity of this document