IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (224)

Date of decision: 25.08.2025 Lala Singh .... Petitioner V/s State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. P.S. Sekhon, Advocate, for the petitioner.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

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JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 483 of BNSS is for the grant of regular bail to the petitioner in case FIR No.34 dated 04.03.2025 under Sections 15, 25 and Section 29 of the NDPS Act registered at Police Station Barnala, District Barnala.

2. The brief facts of the case are that Lala Singh (petitioner) son of Tarsem Singh @ Titri and Tanveer Singh son of Lala Singh were apprehended with 54 kgs. of poppy husk. During the course of the investigation, the co-accused disclosed the names of Meena Rani (since granted bail vide order dated 25.07.2025, Annexure P-2), Gelo Kaur and Maghar Singh @ Ghona Singh (since granted bail vide order dated

08.08.2025, Annexure P-3).

3. The learned counsel for the petitioner contends that there is a violation of the mandatory provisions of the Act regarding the search and seizure. No independent witness of recovery was joined during the course of the recovery proceedings. Since the recovery of 54 kgs. of poppy husk is marginally above the commercial quantity of 50 kgs., the petitioner is a first- time offender, in custody since 04.03.2025 and none of the 20 prosecution witnesses has been examined so far, he is entitled to the grant of bail, moreso, when two co-accused, namely, Meena Rani and Maghar Singh @

Ghona have been granted the similar concession.

4. The learned counsel for the State, on the other hand, contends that the offences of this kind are on the rise and commercial quantity of contraband has been recovered from the accused because of which Section 37 of the Act would be a bar to the grant of bail. He, however, concedes that the petitioner is a first-time offender, in custody since 04.03.2025, none of the 20 prosecution witnesses has been examined so far and that two co-

accused have been granted the concession of bail.

5. I have heard the learned counsel for the parties.

6. In the cases of ‘Sukhchain Singh @ Manga Versus State of Punjab, CRM-M-7857-2022 decided on 04.04.2022, Pardeep Singh versus State of Punjab, CRM-M-46244-2022 decided on 19.01.2023, Hari Yadav @ Haiya versus State of Punjab (CRM-M-37645-2021)’ decided on 11.11.2022, ‘Jang Kanwar Versus State of Punjab (CRM-M-53415-2021)’ decided on 19.01.2022, ‘ Shankar Prashad Chanau Versus The State of Punjab, CRM-M-24090-2020, decided on 27.08.2020, Gurpreet Kumar Versus State of Punjab, CRM-M-17021-2021, decided on 31.08.2021, Salim Versus State of Haryana, CRM-M-42436-2020, decided on 24.02.2021, Gagandeep Versus State of Punjab, CRM-M-3055-2021, decided on 27.01.2021, Gurpreet Singh @ Gopi Versus State of Punjab, CRM-M-41039-2019, decided on 26.02.2020, Dalbara Singh Versus State of Punjab, CRM-M-47880-2022 decided on 16.01.2023’, and Vivek Watts versus State of Punjab, CRM-M-13791-2022 decided on 15.02.2023, where the recovery from the accused was marginally above the commercial quantity for the respective contraband in each case, the Court granted bail to the accused therein.

7. In the present case, the alleged recovery from the petitioner is of 54 kgs. grams of poppy husk which is marginally above the commercial quantity of 50 kgs. The petitioner is a first time offender with no other case under the NDPS Act registered against him. In this situation, the provisions of Section 37 of the NDPS Act can be relaxed to an extent and the case of the petitioner can be considered for the grant of bail, moreso, when he is in custody since 04.03.2025 but none of the 20 prosecution witnesses has been examined so far and two co-accused have already been granted the similar relief.

8. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Lala Singh is ordere