210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: October 27, 2025 Dharminder Singh @ Rana ….Petitioner versus State of Punjab ….Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Vipul Jindal, Advocate for the petitioner.

Mr. Baljinder Singh Sra, Additional AG 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.183 dated 08.10.2024, registered for the offences punishable under Sections 21(C)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station Chheharata, Amritsar.

2. The gravamen of the FIR in question is that the police received secret information that co-accused, namely, Harpreet Singh @ Happy, Jota Singh, and Gurpreet Singh, who are allegedly engaged in the large-scale trade of heroin, had arrived at the Ghanupur By-pass, Amritsar, to collect a consignment of heroin. Acting on this information, a raid was conducted, during which the aforesaid persons were apprehended by the police. Upon search, they were found in possession of 5 kilograms and 64 grams of heroin, along with drug money amounting to ₹4,24,000/-. During the course of investigation, co-accused, namely, Jota Singh made a disclosure statement, revealing that his cousin, namely, Harpreet Singh, had come into contact with Pakistani smugglers about six months earlier. He further disclosed that he, along with Harpreet Singh and his brother, namely, Gurpreet Singh, used to collect heroin consignments from the India–Pakistan border, which were sent by a Pakistani smuggler named Ali through drones. The accused would then distribute the narcotics in various areas, including Chheharta By-pass, Ghanupur Kale, and other localities of Amritsar, as per Ali’s directions. He also disclosed that the drug proceeds were kept in a house situated in an isolated area, which had been purchased by Harpreet Singh in the name of his father. Furthermore, he stated that on 09.10.2024, he, along with Harpreet Singh, had procured 4 kilograms of heroin from an unknown person, and an additional 1 kilogram was obtained from the petitioner, again on the instructions of Ali. The petitioner was arrested while travelling in a car bearing registration number PB46U-5255, and drug money amounting to ₹1,70,000/- was recovered from a black polythene bag lying on the dashboard of the said vehicle. The petitioner also made a disclosure statement admitting that the recovered money had been received from the sale of heroin.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 09.10.2024. Learned counsel has further submitted that mandatory provisions of the NDPS Act have not scrupulously been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel has further iterated that sole basis to array the petitioner as an accused is the disclosure statement of co-accused, namely Jota Singh. Learned counsel has further iterated that nothing has been recovered from the petitioner and it is only on account of alleged recovery of drug money of `1,70,000/- from the petitioner on his confessional statement that the police has sought to invoke provisions of Section 27-A of the NDPS Act, so as to debar the petitioner from securing bail as rigors of Section 37 of the NDPS Act would be attracted. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 01 year. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record the custody certificate dated 25.10.2025, in the Court today, which is taken on record.

5. I have h