IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 23.03.2026 Surinder Kumar ..... Petitioner Versus State of Punjab .......Respondent

122 CRM-M-61804-2025 Date of Decision: 23.03.2026 Mohd. Tahir ..... Petitioner Versus The State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Yashpal Thakur, Advocate, for the petitioner in CRM-M-18392-2025.

Mr. Pradeep Virk, Sr. Advocate with Mr. Kamal Jindal, Advocate and Mr. Ajay Sharma, Advocate, for the petitioner in CRM-M-61804-2025.

Ms. Ramta Chowdhary, DAG, Punjab.

Rajesh Bhardwaj, J. (ORAL)

1. By this order, the two above-mentioned petitions are disposed of, both having arisen out of the same FIR.

2. Prayer in the present petitions is for grant of regular bail to the petitioners in a case FIR No.58 dated 24.04.2023, registered under Sections 22 and 29 of NDPS Act, 1985 and Sections 419 and 120-B IPC, at Police Station City-I, Malerkotla, District Malerkotla.

3. Succinctly, facts of the case are that on 24.04.2023 the police party while on patrolling, when reached near Chauni Wali Maszid behind at the distance of about 15-20 karam on Kucha road, they saw a Chhota Tempo (Ashoka Layland) parked on Kucha road, in which three persons were setting the carton boxes by putting on each other. On seeing the police, they got terrfied. However, on the basis of suspicion, they were apprehended by the Police and on asking, the first person standing driver side of the tempo, disclosed his name to be Mohd Tahir (petitioner in CRM-M-61804-2025), second person disclosed his name to be Umardin and the person standing conductor side disclosed his name to be Mohd. Sahibaz. They were suspected to be carrying some contraband in the catron boxes lying in the Tempo. Thus, on giving notice under Section 50 of the NDPS Act, search of the carton boxes was conducted. On conducting search, 270000 intoxicant tablets make Tramadol Hydrocholoride 100 mg Tablets Toridol, SR were recovered from the same. They failed to produce any licence regarding the possession of the same, and thus, on registration of the FIR, they were arrested on the spot. The investigation commenced. Samples taken were sent to the FSL. During investigation, disclosure statement of Mohd Tahir was recorded and complicity of Surinder Kumar (petitioner in CRM-M-18392- 2025) was surfaced and he was also arrayed as an accused in the present case. Resultantly, he was arrested on 27.07.2023. Petitioner Surinder Kumar approached the Court of learned Judge, Special Court, Sangrur praying for grant of regular bail, whereas, petitioner Mohd Tahir approached the Court of learned Judge, Special Court, Malerkotla. However, after hearing both the sides, the learned Courts finding no merit in the same, dismissed the bail applications filed by the petitioners vide order dated 05.09.2023 and 30.08.2025, respectively. Earlier, petitioner Mohd Tahir approached this Court by way of filing CRM-M-2999-2024, however, the same was dismissed by this Court, vide order dated 20.09.2024. Hence, petitioner Mohd Tahir has approached this Court again praying for grant of regular bail by way of filing the present second petition, whereas, petitioner Surinder Kumar has approached this Court by way of filing the first petition.

4. It has been vehemently contended by learned Senior counsel for petitioner Mohd Tahir that the petitioner has been falsely and frivolously implicated in the present case. He has drawn the attention of this Court to the photographs appended with the petitioner and has submitted that at the relevant time when the alleged recovery was effected, the petitioner was present at the patrol pump and after illegally arresting him, his presence was shown at the relevant time of the alleged recovery. It is contended that there is blatant violation of Section 50 of the NDPS Act in the alleged recovery.

He contends that the conscious possession is not at all proved.

Learned counsel for petitioner Surinder Kumar has also