209 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Date of decision: 24.12.2025

RAJBIR @ RAJBIR SINGH ...PETITIONER

VERSUS

STATE OF U.T.CHANDIGARH ...RESPONDENT

CORAM: HON’BLE MR. JUSTICE RAJESH BHARDWAJ

Present: Mr. Puneet Pali, Advocate for the petitioner. Mr. Rajesh K. Sheoran, Addl. PP for UT, Chandigarh.

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RAJESH BHARDWAJ, J. (ORAL)

1. Petitioner has approached by way of filing the present petition praying for grant of regular bail in case FIR No.11 dated 15.02.2025 under Sections 21, 22 and 29 of NDPS Act, 1985, registered at Police Station Mani Majra,

Chandigarh.

2. Succinctly the facts of the case are that on 15.02.2025, the police received a secret information to the effect that some persons are selling contraband near Fauji Dhaba, Manimajra. On receiving the same, police reached the location as disclosed and they found three boys standing there and they were suspected to be carrying contraband. Thus, they were apprehended and on asking, they disclosed their identities to be as Rajbir Singh (present petitioner), Sandeep @ Sandeep Kumar, and Ramkrishan. On giving the offer, their search was conducted. During the search of Ramkrishan, 20.50 grams of heroin from pocket of his trouser was recovered. Similarly, 50.74 grams of heroin was recovered from Rajbir Singh (present petitioner) and 18.43 grams of heroin was recovered from Sandeep @ Sandeep Kumar. They failed to produce any license regarding

the possession of the same and were arrested at the spot. FIR got registered and investigation commenced. The samples taken sent to the FSL. On completion of the investigation, the challan was presented and on framing of charges, trial commenced. Petitioner approached the learned Judge, Special Court, Chandigarh for grant of bail. However, after hearing both the sides and finding no merit in the same, the learned Judge Special Court, Chandigarh declined the bail application vide order dated 09.12.2025. Aggrieved by the same, petitioner is before this Court praying for the grant of bail by way of filing the present petitions.

3. Learned counsel for the petitioner, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the co-accused, namely, Ram Krishan and Sandeep @ Sandeep Kumar. He has drawn the attention of this Court to the order dated 20.11.2025, passed in CRM-M-62953-2025 and CRM-M-38948-2025, whereby, co-accused Ram Krishan and Sandeep @ Sandeep Kumar, respectively have been granted regular bail by this Court. He submits that the petitioner is behind bars since 15.02.2025. He submits that on the basis of the parity, the petitioner deserves to be granted bail as the case of the petitioner is similar to that of the said co-accused, who have already been granted bail.

4. Learned State counsel has endorsed the factum of grant of bail to the co-accused of the petitioner as stated above and has not denied that the petitioner is at par with the co-accused, namely, Ram Krishan and Sandeep @ Sandeep Kumar. He further submits that the recovery of 20.50 grams, 50.74 grams and 18.43 grams of Heroin was effected from the petitioner(s), however, the total quantity recovered from all the three accused is 89.67 grams of Heroin which is commercial quantity and thus, the provisions of Section 37 of NDPS Act are attracted. He has produced custody certificate of the petitioner today in the Court and the same is taken on record.

5. After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner is behind bars since 15.02.2025. The recovery effected from the petitioner is 50.74 grams of heroin. Admittedly, the quantity recovered from the petitioner is a non-commercial quantity, however, the total quantity recovered from all the three accused is 89.67 grams of Heroin which is admittedly a commercial quantity as per schedule provided under NDPS Act. Co-accused, namely, Ram Krishan and Sandeep @ Sandeep Kumar are on bail and the case of the petitioner as stated is at