249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46483-2025 Date of decision :28.08.2025 Arjinder Singh @ Jinder ....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Rahul Vohra, Advocate (Legal Aid)

for the petitioner.

Mr. Raj Karan Singh, A.A.G., Punjab.

RAJESH BHARDWAJ , J. (Oral)

1. Present second petition has been filed for grant of regular bail in case FIR No.133 dated 16.10.2024 under Section 21(b) & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (later on offence under Sections 21C, 61, 85 of NDPS Act were added), registered at Police Station Sultanwind, District Amritsar.

2. Succinctly the facts of the case are that the Police party while on patrolling on 16.10.2024 saw three persons coming on a motorcycle out of them one was woman. On seeing the police, they got perplexed and the person sitting behind the driver of the motorcycle handed over one envelope to the woman sitting behind him, who tried to throw the envelope. However, they were apprehended. On asking, the driver of the motorcycle disclosed his name as Arjinder Singh @ Jinder (present petitioner), the second person sitting behind the driver of the motorcycle, disclosed his name as Sukhbir Singh @ Bittu and the woman sitting behind him, disclosed her name as Sarabjit Kaur. They were suspected to be carrying some contraband and thus, search was conducted. On conducting the search, 200 grams of heroin was recovered. They failed to produce any license regarding possession of the same and hence, the FIR was registered and both were arrested on spot. The investigation commenced. Samples taken were sent to the FSL. On conclusion of investigation, challan was presented and on framing of charges, the trial commenced. The petitioner approached the Learned Additional Sessions Judge, Amritsar praying for grant of bail, however, finding no merit, the same was declined after hearing both the sides by Learned Additional Sessions Judge, Amritsar vide order dated 17.12.2024. Aggrieved by the same, the petitioner earlier approached this Court by way of CRM-M- 12909-2025, however, the same was dismissed as withdrawn vide order dated 12.03.2025. Hence, the petitioner is before this Court by way of filing of present second petition for grant of bail.

3. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. He submits that the alleged recovery was effected from the co-accused as the petitioner was driving the motorcycle. He submits that thus, there was nothing in the conscious possession of the petitioner. It is submitted that the petitioner is behind bars since the date of his arrest. He further submits that even otherwise there is a violation of Section 50 of NDPS Act, in conducting the search. He submits that the petitioner has no criminal antecedents and his right of speedy trial has been defeated as there is no progress in the trial. He thus submits that in the facts and circumstances of the case, the petitioner deserves to be granted bail.

4. Per contra, learned State counsel has opposed the submissions made by the counsel for the petitioner and submits that all the 03 accused who were riding on the motorcycle were apprehended on spot and 200 grams of heroin was recovered from them. It is submitted that on their disclosure, complicity of 4^th accused i.e. Rajwinder Kaur surfaced from whom another 800 grams of heroin was recovered. He submits that the total contraband recovered in the present case is of commercial quantity and thus, provisions of Section 37 of NDPS Act, are attracted. He, on instructions, has submitted that out of total 14 prosecution witnesses, none has been examined so far. He has placed on record the custody certificate of the petitioner on record.

5. After hearing counsel for the parties and perusing the record, it is deciphered that the petitioner was arrested on 16.10.2024, when he was driving the motorcycle.