IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 01.10.2025 Pronounced on: 09.10.2025 Jashanpreet Singh Alias Tota ........Petitioner(s)

Versus State of Punjab ........Respondent(s)

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. H.S. Rakhra, Advocate for the petitioner(s).

Mr. IPS Sabharwal, DAG, Punjab.

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ANOOP CHITKARA, J. (Oral)

FIR No. Dated Police Station Sections

83 6.5.2025 Jandiala Guru, District 21-C/27-A/29/61/85 NDPS Amritsar Rural 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. Per the bail application and the reply/custody certificate, the petitioner has no criminal antecedents.

3. As per the prosecution’s case, on 6^th May 2025, based on a chance recovery, the Police seized 18 grams of heroin and Rs. 2500/- as drug money from the possession of the co-accused Sahilpreet Singh, whereas an amount of Rs.2000/- was recovered from the petitioner, which is stated to be drug money. The facts and allegations, as narrated in the reply filed by the State read as under:-

“2. That the brief and relevant facts of the case are that the aforesaid FIR No. 83 dated 06.05.2025 was registered at the Police station Jandiala, Amritsar (Rural), on the basis of a 'Ruqa' sent by Sub- Inspector Naresh Kumar No. 2317/BTL, mentioning therein that during the patrolling and search of bad elements in the Gunnowal Area, Amritsar, the petitioner and co-accused Sahilpreet Singh alias Shalu were apprehended by him on Swift Car and during the personal search of the driver Sahilpreet Singh, 18 grams heroin was recovered wrapped in the plastic polythene from the right pocket and drug money of a total of Rs.2500/- was recovered from him. During the personal search of the petitioner, a total of Rs. 2000/- was recovered from him and the petitioner disclosed that the aforesaid money is a drug money, which he has got as his share by selling heroin. The detailed facts leading to the recovery of heroin weighing 18 grams and drug money of Rs. 2500/- from the co-accused Sahilpreet Singh and drug money of Rs. 2000/- as mentioned in the aforesaid FIR No. 83 dated 06.05.2025 have been reproduced in its true translation attached with the petition as Annexure P-1, which may kindly be read as part of the present paragraph as same are not repeated here for the sake of brevity.”

4. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985 and BNSS, 2023.

5. The petitioner's counsel seeks bail on the grounds of prolonged pre-trial custody. He submits that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

6. 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.

7. The State’s counsel opposes bail and refers to the reply.

REASONING:

8. As per paragraph 3 of the reply, the contraband is 18 grams of heroin.

9. It will also be relevant to reproduce paragraph 6 of the reply, which reads as under:-

“6. That as per the prosecution version, the petitioner is actively involved in selling heroin along with the co-accused Sahilpreet Singh and drug money of Rs. 2000/-

was recovered from him.”

10. Dealing in 18 grams of heroin in contraventi