IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 09.03.2026 Honey Singh ... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Manish Prabhaker, Advocate for the petitioner.

Ms. Gagandeep Kaur, DAG, Punjab.

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AMAN CHAUDHARY, J. (Oral)

1. The present petition filed under Section 483 of BNSS 2023 for grant of regular bail to the petitioner in case FIR No.185 dated 15.09.2025, registered under Sections 21-C, 29, 21-B, 61, 85 of NDPS Act, at Police Station Chheharta, District Amritsar.

2. Learned counsel contends that the petitioner has been in custody for about 6 months. The alleged recovery from the petitioner is non-commercial quantity of contraband, it being 20 grams of heroin. Challan was presented on 06.03.2026, charges are yet to be framed and in all there are 22 PWs. He is involved in one more case involving non-commercial quantity of contraband, wherein he is on bail. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382

3. The custody certificate dated 08.03.2026, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 5 months & 18 days.

4. Learned State counsel opposes the bail on the ground that non- commercial quantity of contraband was recovered from the petitioner who was apprehended at the spot. However, he is unable to controvert the submissions with regard to stage and petitioner being on bail in another case under NDPS Act.

5. Heard.

6. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra) had held that, “As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc.”

7. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for last 5 months and 18 days; on bail in another case under NDPS Act; challan has been presented on 06.03.2026, charges have not been and there are total 22 PWs, the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

8. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed app