IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 09.09.2025 Pronounced on: 18.09.2025 Rajinder Singh @ Mappa ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. P.S. Sekhon, Advocate, for the petitioner.

Mr. Jasdev Singh Thind, DAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

16 15.01.2025 Special Task Force (Mohali) 21 and 29 NDPS Act Distt. SAS Nagar, Mohali

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. As per paragraph 14 of the bail application, the petitioner has no criminal antecedents. However as per the custody certificate dated 08.09.2025, the petitioner has following criminal antecedents:

Sr. No. FIR No. Dated Offenses Police Station

1. 126 13.07.2008 379, 411 IPC Ghall Khurd

3. The facts and allegations are taken from the status report dated 16.08.2025 filed by the State. On 15.01.2025, based on secret information, the Police seized 266 grams of heroin from the co-accused Dilbagh Singh’s possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023. During the custodial interrogation of the co-accused Dilbagh Singh, he disclosed that he brought the heroin from the petitioner; based on the disclosure statement, the police arraigned the petitioner as an accused by incorporating S. 29 of the NDPS Act.

4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.

5. The State’s counsel opposes bail and refers to the status reports.

REASONING:

6. As per paragraph 5 of the status report dated 11.07.2025, the name of the contraband is heroin and its weight is 266 grams.

7. Dealing in 266 grams of heroin in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications:

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8. The quantity allegedly involved in this case is commercial. Given this, the rigors of S. 37 of the NDPS Act apply in the present case. The petitioner must satisfy the twin conditions put in place by the Legislature under Section 37 of the NDPS Act.

9. It would be appropriate to refer to paragraphs 6 & 7 of the status report dated

16.08.2025, which read as follows:

“6. That during the course of investigation, two days police remand of the accused Dilbagh Singh was obtained from the concerned court and during the course of interrogation on 17.01.2025, the accused Dilbagh Singh revealed that earlier also, he has brought Heroin from Rajinder Singh @ Mappa (present petitioner) many times. Rajinder Singh @ Mappa (present petitioner) used to give him heroin by calling at his house and used to receive money in cash. Dilbagh Singh further stated that he had brought Heroin from Rajinder Singh @ Mappa (present petitioner) on 14.01.2025 at 8:30 PM and he was to deliver this Heroin further to a person namely Rinku son of Joginder Singh, resident of Chuharpur, District Fatehabad (Haryana) having Mobile No.93064-xxx. Since Dilbagh Singh has number of times delivered the Heroin to Rinku and his involvement has come to light in the matter, as such, Rinku has been nominated in the present FIR as an additional accused U/s 29 of NDPS Act On 17.01.2025, Dilbagh Singh has further revealed that he used to talk from his Mobile No.95308- xxx with Rajinder Singh @ Mappa (present petitioner) on mobile No.90416-xxxx. This clearly establishes the link between the petitioner and accused Dilbagh Singh from whom the recovery of commercial quantity of Heroin (266 GM) has been affected.

7. That in order to further ascertain the link between the petitioner and accused Dilbagh Singh, the record of CDRs of Mobile No.95308-xxxx (used by Dilbagh Singh and Mobile No.90416-xxxx (used by Rajinder Singh @ Mappa/petitioner), has been obtain