IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 03.09.2025 Pronounced on: 18.09.2025 Harjinder Singh @ Raju ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Damanjit Singh Sandhu, Advocate, for the petitioner.

Mr. Jasdev Singh Thind, DAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

73 10.05.2024 Sadar Kotakpura 22(C), 29, 61 of NDPS Act

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. As per paragraph 11 of the bail application the petitioner has no criminal antecedents.

3. The facts and allegations are taken from the status report filed by the State. On 10.05.2024, based on chance recovery, the Police seized 4500 tablets of Tramadol from the possession of co-accused Chamkaur Singh alias Kauri. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

4. During the custodial interrogation of the accused Chamkaur Singh alias Kauri, he disclosed that Subeg Singh @ Sega was the supplier of the drugs. Thereafter, said Subeg @ Sega was arrested and during his custodial interrogation, he disclosed that he after purchasing the said narcotic pills/tablets from the petitioner @ Rs.3500/- per box and further supply the same to co-accused Chamkaur Singh @ Kauri @ Rs.3700/- per box. Based on this statement, the police arraigned the petitioner as an accused by incorporating S. 29 of the NDPS Act.

5. The petitioner's counsel seeks bail on the grounds of prolonged pretrial custody.

6. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and his family. He further submits that main accused has already been granted bail by this Court, vide order dated 19.05.2025 passed in CRM-M-7637-2025.

7. The petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, or commits any offence under the NDPS Act, where the quantity involved is more than half of the intermediate, or commercial quantity, or violates S. 19, or 24, or 27-A of the NDPS Act, the State may file an application to revoke this bail before the concerned Special Judge or Sessions Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection.

8. The State’s counsel opposes bail and refers to the status report.

REASONING

9. It is relevant to refer to paragraph 9 of the status report which reads as follows:

“9. That it is respectfully submitted that the co-accused Subeg Singh @ Sega further disclosed that he after purchasing the narcotic pills/tablets from Harjinder Singh (present petitioner) @ Raju son of Prakash Singh, resident of village Khamba, Police Station Lakho Ke Behram, Distt. Ferozepur, mobile No.90414-xxxx at the rate of Rs.3500/- per box used to supply the same further to co-accused Chamkaur Singh @ Kauri at the rate of Rs.3700/- per box. Sometimes co-accused Chamkaur Singh @ Kauri used to make transfer of due money for narcotic tablets/pills from his mobile phone no.87288xxxx to (Subeg Singh @ Sega) his mobile No.87288xxxx through google pay and some time he used to pay in cash. Accordingly, Harjinder Singh @ Raju (present petitioner) was nominated as an accused in the present case on 18.05.2024 vide GD No.13. A copy of disclosure statement of co-accused Subeg Singh @ Sega is attached herewith as Annexure R-1.”

10. As per paragraph 18 of the reply, the name of the contraband is Tramadol, and its weight is 873+480= 1353 grams.

11. D