CRM-M No.41413 of 2026 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 238 ***** CRM-M No.41413 of 2026 (O & M) Date of decision : 10.9.2026 Date of uploading : 11.9.2026 Gurpreet Singh ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. K.S. Sidhu, Advocate, for the petitioner Mr. Jaypreet Singh, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1. Present 2nd petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.114 dated 8.7.2024, registered for the offences punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) (Section 29 of NDPS Act added vide GDD No.29 dated 9.7.2024 and Section 25 of NDPS Act added vide GDD No.52 dated 14.7.2024), at Police Station Sadar Ferozepur, District Ferozepur. 2. The FIR in question pertains to recovery of 989 grams of heroin. 3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 17.3.2025. Learned counsel for the petitioner has ASHWANI KUMAR 2026.09.11 10:18 I attest to the accuracy and integrity of this document CRM-M No.41413 of 2026 (O & M) -2- further submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel has further iterated that sole basis to array the petitioner as an accused is the disclosure statement of co-accused, namely Jassa Singh. Learned counsel has further iterated that the petitioner has suffered incarceration for about 01 year and 6 months. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, he does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 9.9.2026 in the Court, which is taken on record. 5. I have heard counsel for the rival parties and have gone through the available records of the case. 6. The petitioner was arrested on 17.3.2025 whereinafter investigation was carried out and challan qua him was presented on 27.8.2025. Total 11 prosecution witnesses have been cited, but none has been examined till date as the charges were framed only on 2.9.2026. The petitioner has been implicated as an accused in the FIR in question solely on the basis of disclosure statement of co-accused- Jassa Singh. As per the prosecution version, there is no other material available to connect the petitioner with the contraband except for the said disclosure statement. It is pertinent to note that such disclosure statements, in the absence of corroborative evidence hold limited evidentiary value and cannot be sole ASHWANI KUMAR 2026.09.11 10:18 I attest to the accuracy and integrity of this document CRM-M No.41413 of 2026 (O & M) -3- basis for implicating the petitioner. The reliance on this unsubstantiated statement raises serious doubts about the fairness and objectivity of the investigation. It is not in dispute that the petitioner was not present at the spot. The veracity and weightage required to be attached to the disclosure statement made by the co-accused will be fully tested at the time of trial. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1. At this juncture, it would be apposite to refer to a judgment passed by this Court in Anshul Sardana versus State of Punjab, passed in CRM-M-65094-2024 (2025: PHHC:004198), wherein, after relying upon the ratio decidendi of the judgments of the Hon’ble Supreme Court in Tofan Singh versus State of Tamil Nadu, AIR 2020 Supreme Court 5592; Smt. Najmunisha, Abdul Hamid Chandmiya @ Ladoo Bapu versus State of Gujrat, Narcotics Control Bureau, 2024 INSC 290; State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr.’, 2022 (1) RCR (Criminal) 762; and Vijay Singh vs. The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s) 1266/2023, decided on 17.05.2023, has held thus: “6.3 It is a well established principle of law that a confession made by a co-accused under Section 67 of the NDPS Act is inherently a very weak piece of evidence. Such statement(s), by themselves, cannot form the sole basis for the conviction of an individual and must be scrutinized with utmost caution in conjunction with other substantive ASHWANI KUMAR 2026.09.11 10:18 I attest to the accuracy and integrity of this document CRM-M No.41413 of 2026 (O & M) -4- evidence. Moreover, no recovery has been effected from the possession of the petitioner, who has been subsequently implicated as an accused solely on the basis of disclosure statement of the co-accused. However, as regular bail pertains to life and liberty of individual, Courts are obligated to strike a balance between safeguarding personal liberty and ensuring the effective administration of justice as also investigation. The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and are to be adjudicated during the course of the trial in accordance with established principles of law. However, while adjudicating a plea for regular bail, this Court cannot remain oblivious to the circumstances under which the petitioner has been arraigned or implicated, including the nature of the allegations, the evidence linking the petitioner to the offence as well as the specific role attributed to the petitioner in the commission of the alleged offence. A prima facie examination of these factors is essential to ensure that the process of law is not misused, abused or misdirected.” 6.2 As per custody certificate dated 9.9.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 01 year, 5 months and 23 days. As per the said custody certificate, the petitioner is stated to be involved in 2 other FIRs. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, ASHWANI KUMAR 2026.09.11 10:18 I attest to the accuracy and integrity of this document CRM-M No.41413 of 2026 (O & M) -5- 1998 (3) RCR (Criminal) 191. 6.3 Indubitably, the present petition is the 2nd attempt by the petitioner to secure regular bail. The last bail plea preferred by the petitioner was dismissed as withdrawn on 19.3.2026. Keeping in view the entirety of the factual milieu of the case in hand, especially the extended incarceration of the petitioner and glacial pace of trial, this Court is inclined to favourably consider the instant plea for bail. A profitable reference, in this regard, can be made to a judgment of this Court passed in CRA-S-2332-2023 titled as Rafiq Khan versus State of Haryana and another; relevant whereof reads as under: “10. As an epilogue to the above discussion, the following principles emerge: I. Second/successive regular bail petition(s) filed is maintainable in law & hence such petition ought not to be rejected solely on the ground of maintainability thereof. II. Such second/successive regular bail petition(s) is maintainable whether earlier petition was dismissed as withdrawn/dismissed as not pressed/dismissed for non- prosecution or earlier petition was dismissed on merits. III. For the second/successive regular bail petition(s) to succeed, the petitioner/applicant shall be essentially/pertinently required to show substantial change in circumstances and showing of a mere superficial or ostensible change would not suffice. The metaphoric expression of seeking second/successive bail plea(s) ought not be abstracted into literal iterations of petition(s) without substantial, effective and consequential change in circumstances. IV. No exhaustive guidelines can possibly be laid down as to what would constitute substantial change in circumstances as every case has its own unique facts/circumstance. Making such an attempt is nothing but an utopian endeavour. Ergo, this issue is best left to the judicial wisdom and discretion of the Court dealing with such second/successive regular bail petition(s). V. In case a Court chooses to grant second/successive regular bail petition(s), cogent and lucid reasons are pertinently required to be recorded for granting such plea despite such a plea being second/successive petition(s). In other words, the cause for a Court having successfully countenanced/entertained such second/successive petition(s) ought to be readily and clearly decipherable from the said order passed.” ASHWANI KUMAR 2026.09.11 10:18 I attest to the accuracy and integrity of this document CRM-M No.41413 of 2026 (O & M) -6- Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions: (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. (viii) The petitioner shall submit, on the first working day of every month, an affidavit, before the concerned trial Court, to the effect that he has not been involved in commission of any offence after being released on bail. In case the petitioner is found to be involved in any offence after his being enlarged on bail in the present FIR, on the basis of his affidavit or otherwise, the State is mandated to move, forthwith, for cancellation of his bail which plea, but of course, shall be ratiocinated upon merits thereof. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned trial Court/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the ASHWANI KUMAR 2026.09.11 10:18 I attest to the accuracy and integrity of this document CRM-M No.41413 of 2026 (O & M) -7- State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. 11. Pending miscellaneous application(s), if any, stands disposed of accordingly. (SUMEET GOEL) JUDGE 10.9.2026 Ashwani Whether speaking/reasoned: Yes/No Whether reportable: Yes/No ASHWANI KUMAR 2026.09.11 10:18 I attest to the accuracy and integrity of this document