CRM-M-29224-2026 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (219) CRM-M-29224-2026 (O&M) Date of Decision:23.07.2026 BHAGWAN SINGH @ FOJI … Petitioner Versus STATE OF HARYANA ... Respondent -.- CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Kamal Jindal, Advocate for the petitioner. Mr. Tanuj Sharma, Asstt. AG, Haryana. -.- VIRINDER AGGARWAL , J . (Oral) 1. The present petition has been instituted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), seeking the concession of regular bail in FIR No. 78 dated 10.03.2026, registered under Sections 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station City Mandi Dabwali, District Sirsa (Annexure P-1). 2. The prosecution case, in brief, is that on 10.03.2026, ASI Dilawar Singh, while on routine crime checking and patrolling duty along with the police party, received a secret information near the Bharat Mala Flyover on the Dabwali–Kalanwali Road to the effect that the present petitioner, in conspiracy with co-accused Jagmeet Singh and Malkeet Singh, was engaged in the illicit trafficking of narcotic substances and GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29224-2026 (O&M) -:2:- would be transporting a substantial quantity of heroin in a Maruti Suzuki car bearing registration No. UP-80DK-2542 from Bathinda towards Village Salam Khera. Treating the information to be reliable and credible, the Investigating Officer reduced the same into writing and duly forwarded the requisite intimation under Section 42 of the NDPS Act to the competent superior officer. 2.1. Acting upon the said information, a raiding party was constituted and a naka was laid near the aforesaid flyover. Shortly thereafter, the vehicle in question was noticed approaching from the Bathinda side. On noticing the police presence, the driver allegedly attempted to turn the vehicle around, thereby arousing suspicion. The vehicle was intercepted, and upon verification, it was found to be bearing registration No. UP-80DK-2542. At the relevant time, co-accused Jagmeet Singh was driving the vehicle, Malkeet Singh was occupying the front passenger seat, while the present petitioner was seated on the rear seat. After compliance with the mandatory procedural safeguards envisaged under the provisions of the NDPS Act, a search of the vehicle resulted in the recovery of 503 grams of heroin, constituting a commercial quantity. During the course of investigation, disclosure statements of all the accused persons were recorded, wherein they allegedly disclosed that the recovered contraband had been procured from one Varun, a resident of Ferozepur presently residing at Bathinda. 3. Learned counsel appearing on behalf of the petitioner contends that the petitioner has been falsely implicated in the present case and is wholly innocent of the allegations levelled against him. It is GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29224-2026 (O&M) -:3:- submitted that the petitioner is serving in the Indian Army and had been granted leave from 24.02.2026 to 04.04.2026 for the purpose of appearing in his Class XII Board Examinations, which were scheduled to be conducted from 25.02.2026 to 30.03.2026. Copies of the leave certificate and admit card have been placed on record. It is further argued that on 10.03.2026, the petitioner had visited Village Pathrala, District Bathinda, to meet his cousin, namely Kirna, wife of Ranjit Singh, resident of the said village. It is further argued that at approximately 5:00 p.m., while waiting at the village bus stand for nearly half an hour, the petitioner sought a lift from the occupants of the aforesaid vehicle, who allegedly agreed to accommodate him without any prior acquaintance. According to learned counsel, within about fifteen minutes of boarding the vehicle, it was intercepted by the police and, during the ensuing search, 503 grams of heroin were allegedly recovered. 3.1. Learned counsel submits that the petitioner immediately disclosed to the police officials that he had merely accepted a lift from the co-accused, that he had no prior acquaintance or connection with them, and that he was serving in the Indian Army. It is further contended that the petitioner specifically requested the Investigating Agency to verify his Call Detail Records (CDRs), which, according to him, would unequivocally establish that there had never been any telephonic communication between him and the co-accused, thereby completely demolishing the prosecution's allegation of any prior meeting of minds or criminal conspiracy. It is lastly submitted that the petitioner has remained in judicial custody since 10.03.2026, the investigation stands substantially concluded qua him, and GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29224-2026 (O&M) -:4:- his continued incarceration would serve no meaningful purpose. Accordingly, it is prayed that the present petition be allowed and the petitioner be enlarged on regular bail. 4. The custody certificate as well as the status report by way of an affidavit sworn by Lalit Kumar, HPS, Deputy Superintendent of Police, Kalanwali, District Sirsa, on behalf of the respondent-State of Haryana, produced by the learned State counsel, are taken on record, subject to all just exceptions. 4.1. Per contra, learned State counsel has vehemently opposed the prayer for grant of regular bail. It is contended that, having regard to the nature and gravity of the allegations, the commercial quantity of contraband recovered, and the circumstances attending the commission of the alleged offence, the petitioner does not deserve the concession of regular bail at this stage. It is further submitted that the material collected during the course of investigation prima facie discloses the petitioner's involvement in an organised narcotic trafficking network, thereby attracting the rigours of Section 37 of the NDPS Act. It is, therefore, prayed that the present petition, being devoid of any merit, be dismissed. 5. I have heard learned counsel for the parties at considerable length and have carefully perused the paper book, the status report and the material placed on record with their able assistance. 6. Having bestowed anxious consideration upon the rival submissions and having meticulously examined the material placed on record, this Court is of the considered opinion that the petitioner has failed to make out a case warranting the grant of the concession of regular bail at GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29224-2026 (O&M) -:5:- this stage. It is not disputed that 503 grams of heroin, which falls within the ambit of commercial quantity under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, was allegedly recovered from the rear seat of the vehicle occupied by the petitioner along with the co-accused. Prima facie, the material collected during the course of investigation attributes a specific and active role to the petitioner in the commission of the alleged offence. The investigation further reveals that the petitioner, along with the co-accused, suffered disclosure statements and subsequently got demarcated the place from where the contraband was allegedly procured, thereby lending prima facie corroboration to the prosecution case at this interlocutory stage. 6.1. The offence alleged is grave in nature and pertains to the recovery of a commercial quantity of contraband. Consequently, the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are squarely attracted. At this stage, this Court does not find any reasonable ground to arrive at the satisfaction contemplated under Section 37 of the Act that the petitioner is prima facie not guilty of the alleged offence or that, if released on bail, he is not likely to commit any offence while on bail. The twin statutory conditions, which are mandatory in nature, thus remain unsatisfied, thereby creating a substantial embargo against the grant of regular bail. 6.2. In the totality of the facts and circumstances of the case, particularly the nature of the allegations, the recovery of commercial quantity of heroin, the prima facie material collected during investigation, and the statutory restrictions engrafted under Section 37 of the NDPS Act, GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document CRM-M-29224-2026 (O&M) -:6:- this Court does not find any justifiable ground to extend the concession of regular bail to the petitioner. Accordingly, without expressing any opinion on the merits of the case, lest it prejudice either side during the course of trial, the present petition, being devoid of merit, is dismissed. 7. Consequent upon the final adjudication of the principal matter, all pending miscellaneous applications, if any, arising out of, connected with, or ancillary to the present proceedings, shall also stand disposed of by necessary implication. In view of the conclusions recorded herein, no separate or further orders are warranted or required to be passed in respect of such applications, as they have become infructuous and stand subsumed within the present adjudication. ( VIRINDER AGGARWAL) 23.07.2026 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2026.07.23 16:32 I attest to the accuracy and integrity of this document