266 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56148-2025 Date of decision : 14.10.2025 Gagandeep Singh @ Gagan .....Petitioner versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Ms. Meena, Advocate for Mr. P.S. Kanwar, Advocate for the petitioner.

Mr. Raj Karan Singh, AAG, Punjab.

RAJESH BHARDWAJ , J. (Oral)

1. Petitioner has approached this Court by way of filing the present second petition praying for grant of regular bail to him in case FIR No.37 dated 25.03.2023 under Sections 21, 29 of the NDPS Act, 1985 and Section 25 of the Arms Act, 1959, registered at Police Station Sadar Tarn Taran, District Taran Taran.

2. Succinctly, facts of the case are that on 25.03.2023, the police party while on patrolling, received a secret information to the effect that Surjit Singh and Gagandeep Singh @ Gagan (petitioner) are involved in smuggling of heroin and illegal arms. It was informed that they would supply heroin and illegal weapons in their white coloured Verna Car bearing registration No.PB-08-EQ-8999 in the area of Tarn Taran. In case of barricading, they could be arrested alongwith the contraband and the illegal weapons. On receiving the secret information, the raiding team was constituted and barricading was laid at the place disclosed. The car as disclosed in the secret information, was seen coming, in which two persons were sitting. After seeing the police, they got perplexed however, they were apprehended on the basis of suspicion. On asking, the driver of the car disclosed his name as Surjit Singh and the person sitting next to him, disclosed his name as Gagandeep Singh. They were suspected to be carrying some contraband and illegal weapons. Gagandeep was holding a bag and on conducing search of the bag, 4 kgs of heroin and Rs.60,000/- as drug money were recovered. From the personal search, .45 bore pistol alongwith 9 live cartridges were recovered from Surjit Singh and one pistol of .30 bore alongwith 10 live cartridges were recovered from Gagandeep Singh. Both failed to produce any licence regarding possession of the same. Thus, the FIR was registered for the offences under the NDPS Act and Arms Act. Both the accused were arrested on the spot. On the registration of the FIR, the investigation commenced. Samples taken were sent to the FSL. On conclusion of the investigation, the Investigating Agency filed the challan and on framing the charges, the trial Court proceeded with the trial. The petitioner approached the Court of learned Judge, Special Court, Tarn Taran praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 14.05.2024. Hence, the petitioner has approached this Court praying for grant of regular bail by way of filing the present petition.

3. Learned counsel for the petitioner, at the outset, prays for the grant of bail on the basis of parity with that of co-accused Surjit Singh @ Sita. She has drawn the attention of this Court to the order passed by this Court in CRM-M-35066-2024 dated 25.07.2025 whereby co-accused of the petitioner, namely, Surjit Singh @ Sita has been granted the concession of regular bail. She has submitted that case of the petitioner is at par with the co-accused, who has been granted bail by this Court. She submits that on the basis of the parity, the petitioner deserves to be granted bail as case of the petitioner is similar to that of the co-accused, who has already been granted bail by this Court.

4. Learned State counsel has opposed the submissions made by counsel for the petitioner. He has placed on record the custody certificate of the petitioner which shows that petitioner has undergone actual sentence of 02 years, 06 months and 14 days as on 13.10.2025. It further reflects that though petitioner was involved in one more case however, he is on bail in that case. However, he affirms that co-ac