IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

214 CRM-M-2621-2026 Decided on : 23.01.2026 Jahir Ali . . . Petitioner(s)

Versus State of Punjab . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Manoj R. Sharma, Advocate (through V.C.)

for the petitioner(s).

Mr. Ravneet Singh Lekhi, AAG, Punjab.

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SANJAY VASHISTH, J. (Oral)

1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:-

Name ofFIR Date Section(s) Police Station District Petitioner(s) No.

Jahir Ali 128 27.12.2022 21(c)/29/61 of NDPS Act,Ghaniye KePolice Distt.

1985 Bangar Batala, District Gurdaspur.

2. As per case of the prosecution, petitioner/accused – Jahir Ali, along with his co-accused, namely, Jarmanpreet Singh and Gurjant Singh, were apprehended on 27.12.2022, while travelling in a car and were found in possession of 260 grams of ‘heroin’. It is alleged that when the police party was present at T-Point Bhalowali Road, Aliwal, and was checking the vehicles, one car bearing registration No. PB06-AF-496 was signaled to stop, however, its driver tried to turn back. The said car was apprehended and upon checking, 260 grams of heroin was recovered from the dashboard of the said car.

3. Learned counsel for the petitioner argues that petitioner is aged about 37 years and there is no other instance of his involvement in any other case under the NDPS Act in his past career. As of now, petitioner has suffered total incarceration for a period of about 03 years and 24 days and out of total 12 prosecution witnesses, 08 witnesses have already been examined.

Further argues that recovery of contraband has been effected from the dashboard of the car and petitioner was occupying the rear seat, whereas, the other co-accused, namely, Gurjant Singh and Jarmanpreet Singh, who have already been extended the concession of regular bail by the Coordinate Bench of this Court vide common order dated 24.03.2025, passed in CRM-M-14426-2024 & other connected case (Annexure P-3), were occupying the front seats of the car, and Gurjant Singh was driving the said car.

Accordingly, on the ground of parity, as well as keeping in view the other factual aspects of the case, it is prayed that the petitioner also deserves to be extended the same benefit of regular bail.

4. On the other hand, learned State counsel has filed the custody certificate dated 22.01.2026 in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

A copy thereof has been handed over to the counsel for the petitioner.

5. Learned State counsel, while vehemently opposing the prayer for bail, submits that commercial quantity of narcotic contraband has been recovered in the present case and therefore, petitioner is not entitled to the concession of regular bail. Learned State counsel further submits that recovery of 260 grams of heroin was effected from the dashboard of the car, in which petitioner along with the other co-accused were travelling. However, learned State counsel is unable to dispute the factual assertions made by learned counsel for the petitioner, including the period of custody suffered by the petitioner as well as the fact that the other two co-accused have already been extended the concession of regular bail by the Coordinate Bench of this Court.

6. I have heard learned counsel for the parties and perused the material available on record.

7. It is an admitted position that petitioner is inside jail since 27.12.2022 and has already undergone incarceration for a period of about 03 years and 24 days. It is also not disputed that out of total cited 12 prosecution witnesses, 08 have already been examined, however, the conclusion of trial is still likely to take some time. Further, the recovery in the present case has been e