IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 09.09.2025 Pronounced on: 24.09.2025 Angrej Singh @ Geji ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Lovepreet Handa, Advocate, for the petitioner.

Mr. Jasdev Singh Thind, DAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

99 26.10.2024 Sadar Jalalabad, 21 of NDPS Act (section 29 of Distt. Fazilka NDPS Act added vide GD No.16 dated 16.04.2025)

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 25 of the bail petition, the petitioner has no criminal antecedents.

3. The facts and allegations are taken from the status report filed by the State. On 25.10.2024, based on secret information, the BSF seized 527 grams heroin from the petitioner’s possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023.

4. The petitioner's counsel refers to the bail petition. It would be relevant to refer to paras 3 (a) & (b), which reads as follows:

“3. a) That the present FIR was registered as per letter of Company Commander F BN BSF BOP Tahliwala, Fazilka dated 26.10.2024 wherein it was stated that on 25.10.2024 at 2210 hrs secret information about the suspicious individual was received in the depth area of BOP Tahliwala under the jurisdiction of 52 Bn BSF. During search operation, Angrej Singh (petitioner) resident of Hazara Ram Singh Wala and Vikram son of Jaswant Singh resident of Dhani Dhab Khushal Joyia were apprehended by BSF authorities, while three others managed to escape. During initial questioning, both the said suspect admitted their first attempt at locating a consignment, which had reportedly been lost in the paddy field. Aforesaid persons further disclosed that they were sent to find the missing consignment by their three associates namely Ashok Singh son of Kulwant Singh resident of village Chak Arniwala, Aman alias Amandeep Singh son of Baljit Singh resident of village Hazara Ram Singh wala and one unknown person. As per information derived from the above apprehended accused, a thorough search was conducted by BSF and 527 grams Heroin was recovered by BSF. Recovered contraband was taken into custody by BSF.

b) That as per said letter, initially, FIR No.99 dated 26.10.2024 was registered under section 21 of NDPS Act against present petitioner, Amandeep singh alias Aman son of Baljit Singh resident of village Hazar Ram Singh wala, Vikram son of Jaswant singh resident of Dhani Dhab Khushal Joyia, Ashok Singh son of Kulwant Singh resident of Village Chak Arniwala and one unknown person at police station, Sadar Jalalabad. Present Petitioner and co-accused Vikram Singh were arrested by police on 26.10.2024 as per law and the recovered contraband was taken into policy custody as per law.”

5. 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. Counsel for the petitioner submits that they were arrested before the recovery and after that, recovery was effected and no procedural requirement was done by the police.

6. The State’s counsel opposes bail and refers to the status report.

REASONING:

7. As per paragraph 3(a) of the status report, the name of the contraband is heroin and its weight is 527 grams.

8. Dealing in 527 grams of heroin in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications:

0 other basis which it may deem appropriate for such calculation.

9. 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 ND