CRM-M-71499- IN THE H (113) RANJIT SINGH STATE OF PUNJ CORAM: HON Present: Mr. Ms. R MANISHA BATR CRM-640-2026 1. Appli the document ann Annexure P-3. CRM-M-71499- 1. The Section 483 of Bh for grant of regul registered under Psychotropic Subs -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH
NGH @ RANA Versus
PUNJAB HON'BLE MRS. JUSTICE MANIS r. Rishu Mahajan, Advocate for the Ms. Ruchika Sabherwal, Sr. DAG, Pu ****
BATRA, J. (ORAL)
Application for placing on record ce nt annexed with the application is ord -2025 The instant one is the third petition pr of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Section 21, 21-B, 23 and 29 c Substances Act (for short “NDPS JAB AND HARYANA AT ARH CRM-M-71499-2025 (O&M) Date of decision : 20.02.2026 ... Petitioner
...Respondent
ANISHA BATRA
for the petitioner G, Punjab ertain documents is allowed and is ordered to be placed on record as preferred by the petitioner under a Sanhita, 2023 (for short “BNSS”) ut of FIR No.125 dated 20.05.2024 nd 29 of the Narcotic Drugs and DPS”) at Police Station Gharinda, 2026 and rd as nder ) 2024 and inda, AMIT SHARMA 2026.02.20 17:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-71499- District Amritsar. orders dated 15.01 2. As pe were patrolling ne nearby field of one suspected contraba packet 575 grams same to the Police After registration investigation on 29.06.2024, the p smuggled the hero mobile phone was stands concluded. 3. It is falsely implicated from him. His fu rigors of Section 3 contraband was no officials. He has c ground to move b useful purpose wo -2025 (O&M) 2 ritsar. His previous two petitions were 15.01.2025 and 05.08.2025 respectiv As per the allegations, on the night ling near the border area, when they of one Baldev Singh. They rushed to ontraband wrapped in a yellow packet grams of heroin was found. The BSF Police on 20.05.2024 and the contraba ration of FIR, investigation proceed n on the basis of secret informati the petitioner was apprehended on e heroin from Pakistan. He was arr e was recovered from his conscious p luded. It is argued by learned counsel for licated in this case. No recovery of His further incarceration would not s ction 37 of NDPS Act are not attracte was not effected from his fields and he e has clean antecedents. Each day spe ove bail afresh. The investigation se would be served by detaining the s were dismissed as withdrawn vide vely passed by this Court. night of 19.05.2024, BSF officials they heard a dropping sound in the hed to the location, a small packet of packet was found. On weighing the he BSF officials informed about the ontraband was taken into possession. roceedings were initiated. During ormation vide Rapat No.15 dated ed on the allegations that he had as arrested on 29.06.2024 and one cious possession. Investigation now l for the petitioner that he has been of contraband has been effected not serve any useful purpose. The ttracted in this case. The recovered and he was not identified by the BSF ay spent in custody gives him a new ation now stands concluded. No g the petitioner in custody anymore vide icials n the et of g the t the sion. uring ated had one now been ected The ered BSF new No more AMIT SHARMA 2026.02.20 17:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-71499- since none out of therefore, argued t 4. Per c consideration the coupled with the maintainable as t dismissal of his ea benefit of bail. 5. This C for both the parties 6. The p Pakistan. Howeve in custody since 2 near future as non is well-settled law bail, has to keep c case or reasonable circumstances whi repeated, the natur the event of conv released on bail, a etc. However, at -2025 (O&M) 3 out of 12 prosecution witnesses has gued that the petition deserves to be al Per contra, learned State counsel n the gravity of the allegations as l th the fact that the present petiti e as there is no specious change in his earlier petition. The petitioner do This Court has heard the rival submis parties at considerable length. The petitioner is alleged to have sm owever, no recovery has been effecte ince 29.06.2024. There are no chanc as none out of 12 prosecution witnesse ed law that the Court, while consideri keep certain factors in mind such as onable ground to believe that the accus es which are peculiar to the accused, l e nature and gravity of the accusation, f conviction, the danger of the accu bail, and reasonable apprehension of t er, at the same time, the period of in s has been examined so far. It is, o be allowed. unsel has argued that taking into s as levelled against the petitioner petition of the petitioner is not nge in the circumstances from the oner does not deserve to be extended ubmissions made by learned counsel ave smuggled the contraband from effected from him. The petitioner is chances of conclusion of trial in the sses has been examined so far. It nsidering an application for grant of ch as whether there is a prima facie e accused has committed the offence, used, likelihood of the offence being sation, severity of the punishment in e accused absconding or fleeing if on of the witnesses being threatened, d of incarceration is also a relevant It is, into ioner not the nded unsel from er is n the It nt of facie ence, eing nt in ng if ned, vant AMIT SHARMA 2026.02.20 17:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-71499- factor to be consi accused charged w catena of cases tha of time, and the ba filed repeatedly. provide a new c circumstances. Th law prefers bail o requirements of th that grant of bail o to be considered i regard can be pla Mohd. Muslim @ wherein it was he be said to be fetter Section 436-A of also observed that often than not, app are more likely to upon Manmandal (Criminal) No.865 of Odisha, 2023 L extended benefit o -2025 (O&M) 4 considered while deciding whether d with an offence. The Hon’ble A ses that an accused cannot be kept in c the bail application can be considered edly. It has also been held that eve new cause of action for filing a b es. This principle is a part of the broad bail over jail, aiming to balance the s of the criminal justice system. It is w f bail on account of delay in trial and ered in the light of Section 37 of th be placed upon the observations mad m @ Hussain v. State (NCT of Delh as held that grant of bail on account fettered under Section 37 of the NDP A of Cr.P.C. which is applicable to ed that jails are overcrowded and the ot, appalling. The danger of unjustified ely to be hardened rather than reforme ndal and Another v. State of West B o.8656 of 2023 decided on 14.09.20 023 LiveLaw (SC) 533, wherein the nefit of bail to the accused who had hether bail should be granted to an ’ble Apex Court has observed in a pt in custody for an indefinite period sidered on its own merits even if it is at every day spent in custody can g a bail application under certain e broader approach emphasizing that e the rights of the accused with the It is well settled proposition of law l and long period of incarceration is of the NDPS Act. Reliance in this s made by Hon’ble Apex Court in Delhi), 2023 SCC OnLine SC 352, count of undue delay in trial cannot e NDPS Act, given the imperative of ble to offence under the Act. It was nd their living conditions are, more ustified imprisonment is that inmates eformed. Reliance can also be placed est Bengal, Special Leave Petition 9.2023 and Rabi Prakash v. State ein the Hon’ble Supreme Court had o had been incarcerated for a long o an in a eriod f it is can rtain that h the f law on is this in 52, nnot ve of was more ates laced ion ate t had long AMIT SHARMA 2026.02.20 17:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-71499- period by observ precious fundamen in such a situatio embargo contained 7. Relia Chhattishgarh & pronounced verdic 37 of NDPS Act w as it comes with completion of tria held that appella commercial quant incarceration for a 8. Simil v. Central Bureau and inordinate del considered the cor including Section 436A (which requ not concluded wit would apply.
-2025 (O&M) 5 bserving that prolonged incarceratio damental right guaranteed under Arti ituation, the constitutional principles ntained under Section 37 of the NDPS Reliance can also be placed upon h & Anr., Criminal Appeal No.48 verdict of Hon’ble Supreme Court ob Act will not be a bar for considering ith a condition that the prosecuti of trial. In the above-mentioned case ppellant who was being prosecuted quantity of narcotic substance, was n for a period of 19 months.
Similarly in another case i.e. in the c reau of Investigation, (2022) 10 SC te delay engaged the attention of the H he correct approach towards bail, with ection 37 NDPS Act. The court expre h requires inter alia the accused to be ed within specified periods) of the Cr ceration militated against the most er Article 21 of the Constitution and nciples must override the statutory NDPS Act. upon Santosh Pawar Vs. State of o.4883/2025, which is a recently ourt observing that rigors of Section ering the case of an accused for bail osecution would press for an early d case, the Hon’ble Supreme Court ecuted for being in possession of entitled for bail in view of her n the case of Satender Kumar Antil 0 SCC 51 prolonged incarceration f the Hon’ble Supreme Court, which l, with respect to several enactments, t expressed the opinion that Section to be enlarged on bail if the trial is the Criminal Procedure Code, 1973 most and utory of ently ction r bail early ourt n of f her ntil ation hich ents, ction ial is 1973 AMIT SHARMA 2026.02.20 17:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-71499- 9. In th Crminal Appeal quantity of narcoti of bail to the accus and 08 months of t 10. Simil No.15699-2025 tit and in the case of of 2025.
11. On an case in the light o petitioner has suff and 17 days. Th prosecution witne antecedents. The fruitful purpose. T petitioner will not 12. In vie case is made out f petition is allowed his furnishing pers trial Court/Chief J -2025 (O&M) 6 In the case of Ismail Khan @ Pa eal No.4911 of 2025 with regard narcotic substance, the Hon’ble Supre e accused in view of prolonged incarce ths of the accused.
Similar benefit has been extended 25 titled as Ebrahim @ Ibrahim SK ase of Pamesh Arora vs. UT Chandig On analyzing the peculiar facts and light of the aforementioned principle as suffered prolonged incarceration fo . The trial is not likely to be con witness has been examined so fa . The continued detention of the petiti ose. There is nothing on record to sho ill not participate in the trial or will ab In view of the above discussion, this e out for grant of bail to the petitioner llowed and the petitioner is ordered to g personal as well as surety bonds to hief Judicial Magistrate/Duty Magistr Pathan vs. State of Rajasthan regard to recovery of commercial Supreme Court accorded the benefit incarceration for a period of 02 years ended in another appeal i.e. SLP SK vs. The State of West Bengal ndigarh Criminal Appeal No.4872 ts and circumstances of the present nciples of law, it transpires that the tion for a period 01 year, 07 months be concluded in near future as no so far. The petitioner has clean e petitioner is not likely to serve any to show that if released on bail, the ill abscond. n, this Court is of the opinion that a itioner at this stage. Accordingly, the ered to be released on bail subject to nds to the satisfaction of the learned agistrate concerned. an rcial nefit years P gal 72 esent t the nths no clean any l, the hat a , the ct to rned AMIT SHARMA 2026.02.20 17:21 I attest to the accuracy and integrity of this order/judgment. CRM-M-71499- 13. Howe cancellation of b subsequent case. 14. It is m the purpose of dec on the merits of th 15. Since any, is rendered in 20.02.2026 Amit Sharma -2025 (O&M) 7 However, it will be open for th of bail in case the petitioner is f case. It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes
   or the prosecution to apply for r is found involved in any other vation made herein above is only for and the same shall have no bearing allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
for other for aring n, if AMIT SHARMA 2026.02.20 17:21 I attest to the accuracy and integrity of this order/judgment.