211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 21.11.2025 Sukhwinder Singh @ Sukha ......Petitioner Versus State of Punjab ` ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Ruhani Chadha, Advocate for the petitioner.

Mr. Bareen Pratap Singh, AAG Punjab ****

SANJAY VASHISTH, J. (ORAL)

1. Present petition has been filed under Section 483 of BNSS, seeking regular bail in case FIR, bearing No.149 dated 02.12.2022, registered at Police Station Barnala, District Barnala, under Sections 15, 25 of NDPS Act, and offence under Section 29 of NDPS Act, and offence under Section 473 IPC, added later on. 2. As per the case of prosecution, on 02.12.2022, while patrolling near the Main Highway Barnala/Moga Road, ASI Tarsem Singh along with other police officials, including SC Dharminder Singh and C. Jaspreet Singh, noticed a closed container body, bearing registration number, HR 67B 4885 parked near Kartar Palace. At the rear of the container, two persons, namely Beant Singh alias Ant and Manpreet Singh alias Mani, were seen standing by the open door carrying white plastic bags, which aroused suspicion that they were in possession of some intoxicant substance. Acting upon this suspicion, police party stopped the vehicle. Subsequently, SI/SHO of Police Station Pakho Kenchian, along with other officials, reached the spot. Owing to further suspicion of narcotic involvement, Gazetted Officer, Satbir Singh, PPS/DSP Barnala, was called to the scene. Both Beant Singh and Manpreet Singh were apprised of their legal rights under Section 50 of the NDPS Act, after which the DSP directed the search of container. Upon conducting search, 90 bags containing small pieces of poppy husk (opium poppy straw) were recovered, each weighing around 20 kg, amounting to total 1800 kg. The recovered contraband and the container were seized, and case was registered against Beant Singh alias Ant and Manpreet Singh alias Mani under Sections 15, 25, 61, and 85 of the NDPS Act.

3. Learned counsel for the petitioner submits that petitioner has been implicated in the present case solely on the basis of the confessional statements of co-accused Beant Singh alias Ant and Manpreet Singh alias Mani. It is further submitted that petitioner Sukhwinder Singh @ Sukha is in custody since 29.12.2022. After completion of investigation, challan was presented on 04.06.2025, and out of total 19 prosecution witnesses, 10 have been examined and 2 have been given up, so far. Learned counsel for the petitioner argues that there is no connecting evidence linking the petitioner with the recovery of huge quantity of 1800 kilograms of poppy husk recovered from the container in the presence of the main accused. It is, therefore, contended that no useful purpose would be served by keeping the petitioner incarcerated any further, and hence, prayer is made for grant of regular bail to the petitioner in the present cases. It is further submitted that other two accused namely Ranjit Singh alias Rana and Satnam Singh alias Satta, who were also disclosed to be on the same footing, have already been ordered to be released on bail vide order dated 11.11.2025 passed in CRM-M-39703-2025 and CRM-M-46219-2025.

4. On the other hand, learned State counsel, while opposing the prayer and submissions made by learned counsel for the petitioner, contends that present case involves a huge recovery of contraband. As per the investigation conducted by police, petitioner was found escorting the container in a separate vehicle, thereby making them equally liable for the consequences arising under the NDPS Act for the recovered contraband. It is further submitted that upon arrest of co- accused Satnam Singh alias Satta, on 29.12.2022, an additional recovery of 120 kilograms of poppy husk was made from his possession along with another co accused i.e. petitioner, who was present with him in a car. Moreover, it is argued that Sukhwinder Singh @ Sukha is involved in other criminal