207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision :25.03.2026 Gurjit Singh @ Sukha .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Avtar Singh Khinda, Advocate for the petitioner.

Mr. Raj Karan Singh, AAG, Punjab. RAJESH BHARDWAJ , J. (Oral)

1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.09 dated 19.01.2024, under Sections 21(c), 29 of the NDPS Act, 1985, registered at Police Station Sadar, Nakodar, District Jalandhar.

2. Succinctly the facts of the case are that the police party, while on patrolling on 19.01.2024, received a secret information to the effect that Jagdev Singh and Gurjit Singh (present petitioner) were involved in selling of heroin. It was informed that they were coming on their Bullet motorcycle, which was without number plate, to sell the contraband to their customers in Nakodar area and in case of barricading, they could be apprehended along with the contraband. On receiving the secret information, the police laid the barricading at the place as disclosed in the secret information and the motorcycle, as disclosed, was seen on which 02 young boys were coming. However, on suspicion, the same was stopped by the police party. The pillion rider was carrying a kit bag on his shoulder. On asking, driver of the motorcycle disclosed his name to be Jagdev Singh and the person sitting pillion disclosed his name to be Gurjit Singh, who was carrying a kit bag. They were suspected to be carrying some contraband and thus the search was conducted. On conducting the search of Jagdev Singh, 502 grams of heroin was recovered from the left pocket of his jacket, whereas from the search of kit bag being carried by the pillion rider, 02 Kgs 500 grams of heroin was recovered. The total contraband, on weighing, was found to be 3.2 Kgs of heroin. They failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and both were arrested on the spot. On registration of the FIR, the investigation commenced. The samples taken were sent to the FSL. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Judge, Special Court, Jalandhar praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Jalandhar declined the bail application filed by the petitioner vide order dated 27.01.2026. Hence being aggrieved, the petitioner is again before this Court by way of filing the present petition praying for the grant of bail.

3. Learned counsel for the petitioner, at the outset, prays for the grant of bail on the basis of parity with that of co-accused Jagdev Singh @ Veeru. He has drawn the attention of this Court to the order passed by this Court in CRM-M-66320-2025 dated 02.12.2025 whereby co-accused of the petitioner, namely, Jagdev Singh @ Veeru has been granted the concession of regular bail. He has submitted that case of the petitioner is at par with the co-accused, who has been granted bail by this Court. He submits that on the basis of the parity, the petitioner deserves to be granted bail as case of the petitioner is similar to that of the co-accused, who has already been granted bail by this Court.

4. Per contra, learned State counsel has opposed the submissions made by counsel for the petitioner. However, he has endorsed the fact that case of the petitioner is at par with co-accused, namely, Jagdev Singh @ Veeru, who has already been granted bail by this Court. He has submitted that the recovered effected is 2 kgs 500 grams of Heroin, which is commercial in nature and thus, provisions of Section 37 of the NDPS Act are attracted in this case. On instructions, he has submitted that challan has been filed, charges have been framed and out of 13 prosecution witnesses, 02