216 (4^th case)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: September 15, 2025 Boota Singh alias Buta Singh ….Petitioner versus State of Punjab ….Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Sahil Soi, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG Punjab.

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SUMEET GOEL, J. (ORAL)

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.226 dated 15.11.2024, registered for the offences punishable under Sections 15, 25, 27-A, 29, 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) [Section 31 of the NDPS Act, Sections 25, 54 of the Arms Act, 1959 (for short ‘Arms Act’) and Section 25(1)(B) of the Arms Act added later on], at Police Station Sadar, Jalandhar District Police Commissionerate, Jalandhar.

2. The gravamen of the FIR in question is that on 15.11.2024, at about 12:05 a.m., co-accused, namely, Guravtar Singh Tari (driver) and Des Raj (co- passenger) while they were travelling in a car bearing registration No.PB-09-Q- 4590, and similarly, another co-accused, Daler Singh, who was driving vehicle No.PB-08-DS-4993, were apprehended by the police, and total contraband of 15 Quintals 40 kg of poppy-husk and one country-made pistol were allegedly recovered from them. Pursuant to the disclosure statement of another co-accused, namely, Joga Singh, the present petitioner has been implicated as an accused in this case.

3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has argued that prime prosecution material available against the petitioner is the disclosure of co-accused, which per se is not tenable in law. Learned counsel has argued that nothing has been recovered from the petitioner. Learned counsel has iterated that the petitioner has already suffered incarceration of about 10 months. Thus, regular bail is prayed for.

4. Per contra, learned State counsel has filed the custody certificate dated 14.09.2025 as also status report by way of an affidavit dated 19.08.2025 of Paramjit Singh, PPS, Additional Deputy Commissioner of Police, Jalandhar, in the Court, which are taken on record. Relevant of the aforesaid status report reads thus:

“19. That during investigation, on 22.11.2024, the accused Joga Singh again suffered disclosure statement that his brother-in-law Buta Singh (present petitioner) son of Jagmohan Singh, resident of village Kot Mamadkhan, police station Dharamkot, District Moga, who earlier used to work as a laborer, then he got involved with him and took the consignment of poppy husk from him and sold it in retail in his area Dharamkot, District Moga and earned a lot of money.

20. That thereafter, the present Petitioner was nominated on this basis of disclosure statement of accused Joga Singh vide DDR no. 08 dated 22.11.2024. The police party headed by SI Jaswinder Singh apprehended the present petitioner on 22.11.2024 in this case.

21. That during the course of investigation, on 25.11.2024, co- accused Joga Singh revealed during the police remand vide disclosure statement dated 25.11.2024 that he has been working for selling the poppy husk on a large scale for the past several years. Poppy husk was supplied to him by a contractor named Munish alias Kali from Rajasthan and Madhya Pradesh. He gave the order by calling on his abroad number through WhatsApp and the contractor would send it to Nakodar on the truck of one of his acquaintances. He further disclosed that only contractor Munish knew about the truck. Then he used to supply the poppy husk to his customer. On 13.11.2024 in the night, he received a call from Munish, who told that poppy husk have been unloaded on the kacha rasta near Nakodar petrol pump, take it from there. He further disclosed that then he told Daler Singh about arrival of poppy husk, on which Daler Sin