IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 01.10.2025 Pronounced on: 28.10.2025 Harjinder Singh alias Rajinder Singh alias Kaka ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Avinash Mandla, Advocate for the petitioner.

Mr. J.S. Thind, DAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

160 02.08.2023 Mukerian, District 22 of NDPS Act Hoshiarpur

1. The petitioner incarcerated for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) per the FIR captioned above, has come up before this Court under Section 483 BNSS seeking bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply.

2. Per paragraph 13 of the bail petition, the petitioner has no criminal history, however per the custody certificate/reply, petitioner has the following criminal antecedents: Sr. No. FIR No. Date Offences Police Station

1 47 01.01.1990 22 of NDPS Act Mukerian

2 30 30.07.2022 21, 29/61/85 of NDPS Act Nangal Bhur

3. The facts and allegations are taken from the reply filed by the State. On 02-08- 2023, based on chance recovery, the Police seized 80 grams of intoxicant powder (Alprazolam) from the petitioner’s possession and 15 injections (Bupronorphine hydrochloride) from co-accused Harjit’s possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985 and CrPC 1973.

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 their family.

5. The petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, or commits any offence under the NDPS Act, where the quantity involved is more than half of the intermediate, or commercial quantity, or violates S. 19, or 24, or 27-A of the NDPS Act, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection.

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

7. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon’ble Supreme Court holds, [10] It is not in dispute and highlighted that the second respondent is a sitting Member of Parliament facing several criminal cases. It is also not in dispute that most of the cases ended in acquittal for want of proper witnesses or pending trial. As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc.

8. In Paramjeet Singh v. State of Punjab, 2022:PHHC:003983 [Para 8], CRM-M

50243 of 2021, this court observed, While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although