IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

250 CRM-M-38328-2025 (O&M) Date of decision : 08.09.2025 Palwinder Singh @ Bhinda ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Abhishek Thakur, 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 FIR No. 62 dated 30.05.2025, registered under Sections 21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Kotli Surat Mallian, Police District Batala, District Gurdaspur.

2. Brief facts of the case relevant for the disposal of the present petition are that on 30.05.2025, the petitioner and co-accused Sandeep Singh were apprehended by a police party and recovery of 06 grams of heroin was effected from co-accused, whereas one electronic weighing scale was recovered from the present petitioner. Both of them were formally arrested at the spot. FSL report is awaited and Challan is yet to be filed.

3. Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. In fact, the alleged recovered contraband was planted one. He is not involved in any other case and has clean antecedents. Even otherwise, the quantity of the recovered contraband does not fall under commercial quantity, being 06 grams. The petitioner is in judicial custody since 30.05.2025. Trial will take time as investigation is still pending. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail.

4. Status report as well as custody certificate of the petitioner has been filed by the respondent-State. It is submitted by learned State counsel that keeping in view the gravity of the allegations levelled against the petitioner, he is not entitled to get benefit of bail. Hence, it is urged that the petition is liable to be dismissed.

5. I have heard learned counsel for the parties at considerable length and have also perused the material placed on record.

6. The petitioner is in custody since 30.05.2025. The quantity of the contraband allegedly recovered from him does not fall under commercial quantity. Investigation is still pending, which means it will take time for presentation of challan and then in conclusion of trial. The petitioner is not shown to be involved in any other case. Keeping in view the aforesaid facts, I am of the considered opinion that no useful purpose would be served by keeping him in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found involved in any other subsequent case.

7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case.

08.09.2025 (MANISHA BATRA)

Waseem Ansari JUDGE