209

THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-M No.72864 of 2025 (O&M)

Date of Decision: 09.01.2026

Kerry Saharwal @ Gobi

..... Petitioner

Versus

State of Punjab ..... Respondent

CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ

***

Present: Mr. Amit Kumar, Advocate

for the petitioner.

Mr. Raj Karan Singh, Asstt. A.G., Punjab.

***

RAJESH BHARDWAJ, J. (ORAL)

CRM-52503-2025

Allowed as prayed for. CRM-M-72864-2025

1. Present second petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.68, dated 17.07.2024, under Sections 21(C), 25, 29, 61 & 85 of NDPS Act, 1985, registered at

Police Station Shimlapuri, District Ludhiana.

2. Succinctly the facts of the case are that the police party was on patrolling on 17.07.2024 and when they reached near Mohalla Guru Gobind Singh Nagar, they saw that 03 young men standing near a motorcycle bearing registration No.PB-10-FX-7257 and were checking a black coloured hand bag. As soon as they saw, the police party coming towards

them. They got perplexed and threw the hand bag on the ground and tried to escape. However, on suspicion, the police party caught them. On asking, they disclosed their names to be Kerry Sabharwal @ Gobi (petitioner), Jashanpreet Singh @ Ladi and Amanpreet Singh @ Gugli. They were suspected to be carrying some contraband in the plastic bag having been thrown and thus, the same was searched. On conducting the search of the bag, 330 grams of heroin was recovered. They failed to produce any licence regarding the conscious possession of the same, thus the FIR was registered and all were arrested on the spot. On registration of the FIR, the investigation commenced. The samples taken were sent to the FSL. On receipt of the FSL, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Judge, Special Court, Ludhiana praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Ludhiana declined the bail application filed by the petitioner vide order dated 05.10.2024. Being aggrieved, the petitioner earlier approached this Court by way of filing CRM-M-10219-2025 praying for the grant of bail, however the same was dismissed as not pressed vide order dated 27.02.2025. Hence being aggrieved, the petitioner is again before this Court by way of filing the present second petition praying for the grant of regular bail.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the co-accused, namely, Jashanpreet Singh @ Ladi. He has drawn the attention of this Court to the order dated 27.112025, passed in CRM-M-

40848-2025, whereby, co-accused, namely, Jashanpreet Singh @ Ladi has been granted regular bail by this Court. He has submitted that the petitioner is behind bars since 17.07.2024. He has submitted 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 has already been granted bail.

4. Learned counsel for the State has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that the recovery effected from the petitioner and co-accused was found to be 330 grams of heroin, which is a commercial quantity and thus, the provisions of Section 37 of NDPS Act are attracted. He however 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, Jashanpreet Singh @ Ladi. He has produced custody certificate of the petitioner today in the Court, which is taken on record.

5. Heard.

6. On hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner along with the co-accused was arrested