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2026 DAILYLAW 33467 (PNJ)

HARWINDER SINGH v. STATE OF PUNJAB

CRM-M/29706/2026 · 2026-07-23

H S Grewal

body2026

Judgment text

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CRM-M-29706-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 223 CRM-M-29706-2026 Date of Decision: 23.07.2026 HARWINDER SINGH ... PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. A.S.Brar, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1. This petition has been filed under section 483 B.N.S.S. (earlier 439 Cr.P.C.) for grant of interim regular bail in case FIR No. 31 dated 18.02.2026 under Sections 21 and 29 of NDPS Act registered at Police Station- Ajitwal, District Moga. 2. The case of the prosecution is that the police apprehended co- accused Lovepreet Singh and allegedly recovered 300 grams of heroin from his possession. During the course of investigation, the petitioner was subsequently nominated as an accused under Section 29 of the NDPS Act solely on the basis of the disclosure statement made by the co-accused. 3. Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and has been nominated solely on the basis of the disclosure statement of co-accused, which is not admissible in evidence against RENU RAWAT 2026.07.24 09.20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29706-2026 -2- him. He further submits that nothing has been recovered from the possession of the petitioner and prays for grant of regular bail. 4. Notice of motion. 5. Mr. Subhash Godara, Addl. Advocate General, Punjab accepts notice on behalf of the respondent–State and has vehemently opposed the prayer for grant of regular bail on the ground that the allegations against the petitioner are serious in nature. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 05 months and 01 day and is not involved in any other case. 6. I have heard the submissions made by the parties and gone through the record. 7. After hearing the rival contentions and considering the fact that in the case in hand, the petitioner is in custody for the last 05 months and 01 day; not involved in any other case; that apart from the disclosure statement, there is no other substantive evidence to connect the petitioner with the recovery effected from the co-accused coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. 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 RENU RAWAT 2026.07.24 09.20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-29706-2026 -3- regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 10. It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 23.07.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT 2026.07.24 09.20 I attest to the accuracy and integrity of this document Chandigarh