232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.08.2025 Manpreet Singh @ Manna ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Raghav Soni, Advocate for Mr. Vikas Gupta, Advocate, for the petitioner.

Ms. Simran Goria, AAG, Punjab.

Rajesh Bhardwaj, J. (ORAL)

1. Petitioner has approached by way of filing the present petition praying for grant of regular bail in case FIR No.36 dated 13.05.2024 under Section 21-C of NDPS, 1985, registered at Police Station Valtoha, District Tarn Taran.

2. Succinctly, facts of the case are that on 13.05.2024, the police party while on patrolling received a secret information to the effect that Sukhbir Singh, Ravinder Singh and Manpreet Singh @ Manna (petitioner) are involved in selling heroin. It was informed that all these three are travelling in a car bearing registration No.PB05-AF-9999 make Creta and are coming towards village Jodh Singh Wala. In case of barricading, they could be arrested alongwith the contraband. On receiving the secret information, raiding team was constituted and it reached the place as disclosed. The car as disclosed was seen coming, which was stopped, however, two inmates of the car escaped and one person was found inside the car, who disclosed his name as Ravinder Singh. From his search, 260 grams of heroin was recovered. He failed to produce any licence regarding the possession of the same and thus, on the registration of the FIR, he was arrested on the spot. The investigation commenced. The police, thereafter, received a secret information about rest of two accused and on conducting raid, petitioner Manpreet Singh @ Manna was apprehended and from his search 255 grams of heroin was recovered. Samples taken were sent to the FSL. The petitioner approached the Court of learned Additional Sessions Judge, Tarn Taran praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 04.03.2025. The petitioner was granted interim bail for attending bhog ceremony of his parental uncle in police custody vide order dated 28.03.2025. Hence, the petitioner has approached this Court praying for grant of regular bail by way of filing the present second petition.

3. It has been vehemently contended by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. He submits that the FIR in the present case was registered on the basis of the secret information, but there is violation of Section 42 of the NDPS Act. He submits that search in the present case has been conducted in violation of Section 50 of the NDPS Act. He submits that even otherwise, the alleged recovery effected from the petitioner is 255 grams of heroin, which is marginally above the commercial quantity. He submits that the petitioner has no criminal antecedents as he has never been involved in any other case. He further submits that the petitioner is behind the bars since the date of his arrest, however, there is no progress in the trial. He, thus, submits that in the facts and circumstances of the present case, the petitioner deserves to be granted regular bail.

4. Per contra, learned State counsel has vehemently opposed the submissions made by counsel for the petitioner. She has submitted that the petitioner was specifically named in the secret information. She submits that the recovery effected from the petitioner is commercial quantity and thus, provisions of Section 37 of the NDPS Act are attracted. She further submits that recovery from the co-accused is 260 grams of heroin and thus, total recovery effected in this case is 510 grams of heroin. On instructions, she has submitted that out of 17 prosecution witnesses, 01 witness has been examined so far. She has placed on record the custody certificate of the petitioner.

5. After hearing counsel for the parti