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2025 Supreme(Online)(P&H) 9779

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP SINGH ALIAS DEEPA – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56822-2025 (O&M) Date of decision : 23.03.2026 Kuldeep Singh @ Deepa ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Damanjit Singh Sandhu, Advocate for the petitioner.

Mr. Roshandeep Singh, 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 case bearing FIR No. 25 dated 20.02.2024, registered under Sections 18 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station GRP, District Ludhiana.

2. Brief facts of the case relevant for the disposal of the present petition are that on 20.02.2024, co-accused Satyadev Teeru was apprehended by a police party headed by Inspector Palwinder Singh and recovery of 15 kgs. of opium was effected from a bag which he was carrying. Since he could not produce any valid license or permit to keep in his possession the recovered contraband, he was formally arrested at the spot. He suffered disclosure statement admitting his involvement in the subject offences and disclosed that petitioner and co-accused Gurudayal Singh Munda were also involved with him in sale/purchase of opium in the area of Phagwara. He further disclosed that on 04.02.2024, he had supplied 12 kgs. of opium to an unknown person at Railway Station, Phagwara at the instance of co-accused Gurudayal Singh Munda and on 05.02.2024, the said co-accused himself had supplied 12 kgs. of opium to the said unknown person for a sale consideration of Rs.16 Lakhs, out of which, he had received an amount of Rs. 2 Lakhs in cash and an amount of Rs.1,10,000/- was deposited in his bank account by the said co-accused. He also disclosed that the recovered contraband was given to him by co-accused Gurudayal Singh Mudna to deliver the same to the said unknown person at Railway Station, Phagwara. The petitioner was arrested on 27.01.2025. During investigation, it was revealed that the petitioner had done several bank transactions with the account owned by co-accused Gurudayal Singh Munda. Investigation now stands completed and the petitioner along with the co-

accused is facing trial for commission of aforementioned offences.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case on the basis of the disclosure statement of the above named co-accused, which cannot be considered to be admissible in evidence. The transactions between him and co-accused Gurudayal Singh Munda were with regard to cattle trade. There is nothing on record to connect the petitioner with the subject offences. He has clean antecedents. Even otherwise, investigation has since been completed and challan/supplementary challan has been filed. Conclusion of trial is likely to take considerable time as no prosecution witness has been examined so far. He has been in custody since 27.01.2025. No useful purpose would be served by keeping him in custody anymore. Co-accused Harjinder Singh @ Jinder, Gurudayal Singh Munda and Dalwinder Singh have been granted concession of regular bail by this Court. On parity, the petitioner too deserves to be given the same benefit. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail.

4. Status report has been filed by the respondent-State. Learned State counsel has argued that keeping in view the gravity of the allegations levelled against the petitioner as well as the fact that commercial quantity of contraband had been recovered in this case, he is not entitled to get benefit of bail as rigors of Section 37 of the NDPS Act would be attracted in this case. The petitioner had transferred several amounts of money into the bank account of co-accused Gurudayal Singh Munda, which shows his complicity in the subject crime. It is, thus, arg

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