232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48978-2025 Date of decision : 08.09.2025 Lali Singh ....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. K.S. Sidhu, Advocate with Ms. Kirandeep Kaur, Advocate for the petitioner.

Ms. Simran Goria, A.A.G., Punjab. RAJESH BHARDWAJ , J. (Oral)

1. Present petition has been filed for grant of regular bail in case FIR No.255 dated 15.06.2025, under Sections 21, 22 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station City Barnala, District Barnala.

2. Succinctly the facts of the case are that the Police party while on patrolling received a secret information to the effect that Karamjeet Singh @ Karma and Jeeto @ Dadi were involved in selling intoxicant vials and tablets. It was informed that Karamjeet Singh @ Karma had procured the intoxicant vials along with intoxicant tablets in huge quantity and kept in the house of Jeeto @ Dadi and if the raid is conducted in the house of Jeeto @ Dadi, a huge quantity of contraband could be recovered. On receiving the secret information, raiding party was constituted and house of Jeeto @ Dadi was raided. On conducting the search, 3800 tablets labelled Carisoma, 84 bottles of intoxicant syrup labelled Onerex and 180 bottles of intoxicant syrup labelled Wincerex, were recovered. They failed to produce any license regarding possession of the same and hence, the FIR was registered and the samples taken were sent to FSL. On receipt of FSL report, the recovered contraband was found to be containing ‘Codeine Phosphate’. As per FSL report, the total codeine contained in the contraband was 26.4 kgs. During investigation, on the disclosure statement of the co-accused, complicity of the petitioner was surfaced and thus, he was also arrayed as an accused in the present cae. The petitioner was already behind bars in another FIR i.e. FIR No.185 dated 11.05.2025, thus, he was implicated in the present case on the basis of production warrants and thus, he was arrested on 25.06.2025 and since then he is behind bars. The petitioner approached the Learned Additional Sessions Judge, Barnala praying for grant of bail, however, finding no merit, the same was declined after hearing both the sides by Learned Additional Sessions Judge, Barnala vide order dated 19.08.2025. Aggrieved by the same, the petitioner is before this Court by way of filing of present petition for grant of bail.

3. Learned counsel for the petitioner has contended that neither the petitioner was named in the secret information nor any recovery has been effected from him. However, admittedly the petitioner was already behind bars and he was arrayed as an accused in the present case only on the basis of disclosure statement of the co-accused for the offence under Section 29 of NDPS Act. It is submitted that except the disclosure statement of the co-accused, there is no other evidence regarding the complicity of the petitioner in the present case. He submits that though the petitioner is involved in various other cases, however, he is on bail in all those cases. It has been vehemently contended that in other cases also, the petitioner has been falsely implicated on the basis of disclosure statements, which is not even an admissible evidence. 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 vehemently opposed the submissions made by the counsel for the petitioner and submits that the total weight of the contraband recovered from the co-accused was 26.4 Kgs of Codeine which is a heavy commercial quantity and thus, provisions of Section 37 of NDPS Act, are attracted in the present case. She submits that the petitioner is a habitual offender who is involved in other various cases of the similar nature, however, she submits that the case is under investigation and the complicity of the petitioner wa