IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-69656-2025 (O&M)

Date of decision: 24.03.2026 Jaskaran Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Vipul Jindal, Advocate for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 134 dated 29.06.2024, registered under Sections 21-C, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Section 25 of the Arms Act at Police Station Lopoke, District Amritsar (Rural).

2. Brief facts of the case relevant for the disposal of the present petition are that on 29.06.2024, a secret information was received by ASI Kawarjit Singh to the effect that the petitioner and co-accused Gurbhej Singh were involved in smuggling of heroin and on that day, they were going towards Bachiwind side on a motorcycle to supply heroin. Believing the information to be reliable, the police party reached at the informed placed and saw two persons coming on a motorcycle make Hero Splendor, which was not having any number plate. They were apprehended and on interrogation, the driver disclosed his name as ‘Gurbhej Singh’ and the pillion rider disclosed his name as ‘Jaskaran Singh’ i.e. the present petitioner. On conducting their search, six packets containing 01 kg. heroin each were recovered from the petitioiner, which he had held in his hand, whereas three pistols i.e. one Glock 9 MM pistol and two .30 bore pistols along with magazines were recovered from co-accused Gurbhej Singh. The recovered contraband and other articles were taken into possession by the police. The said motorcycle was also taken into custody. The petitioner and co-accused were formally arrested. They suffered disclosure statements admitting their guilt and that they had received the contraband and illegal arms from a Pakistan based smuggler. They also disclosed that they used to receive contraband and illegal arms from said Pakistani smuggler and used to supply the same to some other persons on the instructions of that Pakistani smuggler. After completion of necessary investigation and usual formalities, challan was presented before the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforesaid mentioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. Mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with properly. A false recovery was planted upon him. He has clean antecedents. Even otherwise, investigation has since been completed and challan has been filed. The trial is likely to take a long time. The petitioner is in custody since 29.06.2024. No useful purpose would be served by keeping him in custody anymore. Co-accused Gurbhej Singh has already been granted concession of regular bail by this Court. On parity, he too deserves to be given the same benefit. It is, therefore, urged that the petition deserves to be allowed.

4. Status report and the custody certificate have been filed by the respondent-State. Learned State counsel has opposed the prayer of the petitioner by submitting that he was apprehended on the basis of a credible secret information and commercial quantity of contraband was recovered from his conscious possession. The disclosure statements of the petitioner and the co- accused revealed their nexus with a Pakistan-based smuggler and the larger criminal conspiracy involved. It is contended that the offences are grave and carry stringent punishment, attracting the rigors of Section 37 of the NDPS Act. No exceptional circumstance is made out for grant of bail. It is, thus, urged that keeping in view the gravity of the allegations, the petition is liable to be dismissed.

5. This Court has h