IN THE HIGH COURT OF PUNJAB & HARYANA AT 215 Davinder Singh @Gaggi State of Punjab [ CORAM: Present : SURYA PARTAP SINGH under Section 483 of been filed for the commission of of Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’ 2. ‘ASI Balwinde leading a team of police officials, source, he visited the house of herein). According to above approaching the house of petitioner, outside his house, there was a car, CRM-M-16478-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Davinder Singh @Gaggi VERSUS Punjab CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH Mr. Parminder Singh Sekhon Ms. Sweedel Goyal, Advocate Mr. Rohit Bansal, Sr. DAG Punjab ***** SURYA PARTAP SINGH, J. This petition for bail is the first under Section 483 of ‘the Bharatiya Nagarik Suraksha Sanhita been filed with regard to a case arising out of for the commission of offence punishable under Section Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred to as ‘NDPS Act’, Police Station Sherpur, District The abovementioned FIR came into being at the instance of Balwinder Singh’, who had reported that leading a team of police officials, on the basis of a tip source, he visited the house of Davinder Singh @Goggi (the petitioner . According to above-named police officer, when the police party was approaching the house of petitioner, outside his house, there was a car, 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-16478-2026 (O&M) Date of decision : 24.04.2026 ..... Petitioner VERSUS ..... Respondent SURYA PARTAP SINGH Parminder Singh Sekhon, Senior Advocate with Ms. Sweedel Goyal, Advocate for the petitioner. Mr. Rohit Bansal, Sr. DAG Punjab. ***** first petition, filed by the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023’. It with regard to a case arising out of FIR No.88 dated 22.11.2024 fence punishable under Sections 15 and 21 Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred , District Sangrur. The abovementioned FIR came into being at the instance of reported that on 22.11.2024, when he was on the basis of a tip-off given by a reliable Davinder Singh @Goggi (the petitioner named police officer, when the police party was approaching the house of petitioner, outside his house, there was a car, (O&M) .2026 Petitioner ..... Respondent petitioner has 22.11.2024, 15 and 21 of Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred The abovementioned FIR came into being at the instance of he was off given by a reliable Davinder Singh @Goggi (the petitioner named police officer, when the police party was approaching the house of petitioner, outside his house, there was a car, GAURAV THAKUR 2026.04.24 18:14 I attest to the accuracy and integrity of this document wherein the petitioner was sitting along with ‘Hardeep Singh’ search of abovementioned car was condu gms of Heroin 3. abovementioned contraband, necessary formalities with regard to seizure & sealing of c completed, and further investigation taken up. when the petitioner was interrogated, he suffered a disclosure statement and got recovered 01 kg of Heroin from his po 4. 5. respondent with. The learned State Counsel has filed custody certificate of the petitioner. The sam the State. However, petition. 6. 7. petitioner that the petitioner one year and five months, and that the most significant lapse committed by the Investigating Officer story, the recovery of 01 kg of Heroin information CRM-M-16478-2026 (O&M) 2 wherein the petitioner was sitting along with ‘Hardeep Singh’ search of abovementioned car was condu gms of Heroin along with drug money of Rs.4,15,000/ It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & sealing of contraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up. when the petitioner was interrogated, he suffered a disclosure statement and got recovered 01 kg of Heroin from his po Notice of motion. Mr. Rohit Bansal, Sr. DAG Punjab respondent-State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the petitioner. The same be taken on record. . However, the learned State Counsel has orally oppose Heard. It has been contended by learned petitioner that the petitioner has already suffered incarceration one year and five months, and that the most significant lapse committed by the Investigating Officer in the present case is that the recovery of 01 kg of Heroin information provided by the petitioner, but at the time of recovery, neither 2 wherein the petitioner was sitting along with ‘Hardeep Singh’, and when the search of abovementioned car was conducted, 10 kg of poppy husk and 20 along with drug money of Rs.4,15,000/- were recovered. It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & ontraband, lodging of FIR, and formal arrest of the accused were completed, and further investigation taken up. According to prosecution, when the petitioner was interrogated, he suffered a disclosure statement and got recovered 01 kg of Heroin from his possession. Mr. Rohit Bansal, Sr. DAG Punjab appears on behalf of State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the No formal reply has been filed by the learned State Counsel has orally opposed the present It has been contended by learned Senior Counsel for the has already suffered incarceration for almost one year and five months, and that the most significant lapse committed by in the present case is that, that as per prosecution the recovery of 01 kg of Heroin had taken place on the basis of provided by the petitioner, but at the time of recovery, neither , and when the 10 kg of poppy husk and 20 It is the case of the prosecution that pursuant to recovery of abovementioned contraband, necessary formalities with regard to seizure & ontraband, lodging of FIR, and formal arrest of the accused were According to prosecution, when the petitioner was interrogated, he suffered a disclosure statement and appears on behalf of State. Hence service of notice upon the State is hereby dispensed The learned State Counsel has filed custody certificate of the o formal reply has been filed by the present ounsel for the for almost one year and five months, and that the most significant lapse committed by , that as per prosecution n the basis of provided by the petitioner, but at the time of recovery, neither GAURAV THAKUR 2026.04.24 18:14 I attest to the accuracy and integrity of this document any person of the locality was joined, nor any senior officer was informed about the same. It has also been contended by learned petitioner t shatters the very credibility of the claim of the prosecution the petitioner was found in possession of ‘commercial quantity’ of contraband. 8. abovementioned arguments. that in the present case, although at the first instance the quantity of recovered contraband was not the ‘commercial quantity’ on the basis of information provided by the petitioner of ‘Heroin quantity of therefore, unless th Act are satisfied, the benefit of bail should not be accorded to the petitioner. 9. 10. very beginning, there are very specific and categorical allegations against the petitioner that police party, he was found in of Heroin. 11. forward with a plea that during the c CRM-M-16478-2026 (O&M) 3 any person of the locality was joined, nor any senior officer was informed about the same. It has also been contended by learned petitioner that the abovementioned lapse on the part of Investigating Officer the very credibility of the claim of the prosecution the petitioner was found in possession of ‘commercial quantity’ of contraband. The learned State Counsel has controverted the abovementioned arguments. It has been contended by learned State Counsel that in the present case, although at the first instance the quantity of recovered contraband was not the ‘commercial quantity’ on the basis of information provided by the petitioner Heroin’ was recovered. According to State Counsel, the quantity of ‘Heroin’ comes within the ambit of ‘commercial quantity’, and therefore, unless the twin conditions enshrined under Section Act are satisfied, the benefit of bail should not be accorded to the petitioner. The record has been perused carefully. In the present case, it is relevant to note here that right from the very beginning, there are very specific and categorical allegations against the petitioner that on the basis of secret information, when he was nabbed police party, he was found in possession of 10 kg of poppy husk and 20 gm of Heroin. The prosecution in the present case has very categorically come forward with a plea that during the c 3 any person of the locality was joined, nor any senior officer was informed about the same. It has also been contended by learned Senior Counsel for the hat the abovementioned lapse on the part of Investigating Officer the very credibility of the claim of the prosecution, qua the fact that the petitioner was found in possession of ‘commercial quantity’ of The learned State Counsel has controverted the It has been contended by learned State Counsel that in the present case, although at the first instance the quantity of recovered contraband was not the ‘commercial quantity’, yet, subsequently on the basis of information provided by the petitioner, from his house 01 kg According to State Counsel, the abovementioned comes within the ambit of ‘commercial quantity’, and e twin conditions enshrined under Section-37 of NDPS Act are satisfied, the benefit of bail should not be accorded to the petitioner. The record has been perused carefully. In the present case, it is relevant to note here that right from the very beginning, there are very specific and categorical allegations against the on the basis of secret information, when he was nabbed by the possession of 10 kg of poppy husk and 20 gm The prosecution in the present case has very categorically come forward with a plea that during the course of investigation, when the any person of the locality was joined, nor any senior officer was informed for the hat the abovementioned lapse on the part of Investigating Officer qua the fact that the petitioner was found in possession of ‘commercial quantity’ of The learned State Counsel has controverted the It has been contended by learned State Counsel that in the present case, although at the first instance the quantity of bsequently from his house 01 kg abovementioned comes within the ambit of ‘commercial quantity’, and 37 of NDPS Act are satisfied, the benefit of bail should not be accorded to the petitioner. In the present case, it is relevant to note here that right from the very beginning, there are very specific and categorical allegations against the by the possession of 10 kg of poppy husk and 20 gm The prosecution in the present case has very categorically come , when the GAURAV THAKUR 2026.04.24 18:14 I attest to the accuracy and integrity of this document petitioner was interrogated, he suffered a disclosure statem which 01 kg of Heroin has been recovered. Since the disclosure statement suffered by the petitioner has led the abovementioned disclosure statement seems to be admissible in evidence. 12. the petitioner does not have clean antecedents. Earlier also, the petitioner has been prosecuted for seven different offences and out of those seven offences, one was under NDPS Act. 13. comes within the ambit of ‘commercial quantity’, rigors of Section NDPS Act conditions enshrined under Section be enlarged on bail. The contents of the record show that there is nothing on record to lead to a conclusion that twin conditions 37 of NDPS Act stands complied with in the present case. 14. abovementioned factors, it is hereby held that at this stage the petitioner is not entitled for the benefit of bail. 15. that being devoid of merit the same is hereby CRM-M-16478-2026 (O&M) 4 petitioner was interrogated, he suffered a disclosure statem which 01 kg of Heroin has been recovered. Since the disclosure statement suffered by the petitioner has led to the recovery of contraband the abovementioned disclosure statement seems to be admissible in evidence. Otherwise also, it shall not be out of place to mention here that the petitioner does not have clean antecedents. Earlier also, the petitioner has been prosecuted for seven different offences and out of those seven offences, one was under NDPS Act. Since in the present case the comes within the ambit of ‘commercial quantity’, rigors of Section NDPS Act are applicable and therefore, without satisfying conditions enshrined under Section-37 of NDPS Act, the be enlarged on bail. The contents of the record show that there is nothing on record to lead to a conclusion that twin conditions 37 of NDPS Act stands complied with in the present case. Taking into consideration the cumulative effect of all the abovementioned factors, it is hereby held that at this stage the petitioner is not entitled for the benefit of bail. As a sequel to abovementioned observations, it is hereby held being devoid of merit, the present petition is hereby dismissed, accordingly 4 petitioner was interrogated, he suffered a disclosure statement pursuant to which 01 kg of Heroin has been recovered. Since the disclosure statement to the recovery of contraband, prima facie the abovementioned disclosure statement seems to be admissible in Otherwise also, it shall not be out of place to mention here that the petitioner does not have clean antecedents. Earlier also, the petitioner has been prosecuted for seven different offences and out of those seven offences, the quantity of recovered contraband comes within the ambit of ‘commercial quantity’, rigors of Section-37 of are applicable and therefore, without satisfying the twin 37 of NDPS Act, the petitioner cannot be enlarged on bail. The contents of the record show that there is nothing on record to lead to a conclusion that twin conditions prescribed under Section 37 of NDPS Act stands complied with in the present case. ration the cumulative effect of all the abovementioned factors, it is hereby held that at this stage the petitioner is As a sequel to abovementioned observations, it is hereby held present petition deserves dismissal. Hence, , accordingly. pursuant to which 01 kg of Heroin has been recovered. Since the disclosure statement prima facie the abovementioned disclosure statement seems to be admissible in Otherwise also, it shall not be out of place to mention here that the petitioner does not have clean antecedents. Earlier also, the petitioner has been prosecuted for seven different offences and out of those seven offences, contraband 37 of the twin petitioner cannot be enlarged on bail. The contents of the record show that there is nothing on under Section- ration the cumulative effect of all the abovementioned factors, it is hereby held that at this stage the petitioner is As a sequel to abovementioned observations, it is hereby held Hence, GAURAV THAKUR 2026.04.24 18:14 I attest to the accuracy and integrity of this document 16. shall not have any 17. disposed of, accordingly. 24.04.202 Gaurav Thakur CRM-M-16478-2026 (O&M) 5 However, it is clarified that the abovementioned observations shall not have any bearing upon the merits of the case. Pending miscellaneous application(s), if disposed of, accordingly. 2026 Gaurav Thakur Whether speaking / reasoned Whether Reportable 5 it is clarified that the abovementioned observations bearing upon the merits of the case. Pending miscellaneous application(s), if any, also stand(s) (SURYA PARTAP SINGH) JUDGE Whether speaking / reasoned Yes/No Yes/No it is clarified that the abovementioned observations any, also stand(s) ) GAURAV THAKUR 2026.04.24 18:14 I attest to the accuracy and integrity of this document