IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (222)

CRM-M-34845-2025 (O & M)

Date of decision: 30.10.2025 Gurwinder Singh @ Stangi .... Petitioner V/s State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. P.S. Sekhon, Advocate, for the petitioner.

Mr. Harkanwar Jeet Singh, AAG, Punjab *****

JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 439 Cr.P.C.

(Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is for the grant of regular bail to the petitioner in case FIR No.23 dated 03.08.2023 under Sections 21, 25, 27-A and 29 of the NDPS Act, 1985 and registered at Police Station SSOC, Amritsar, District Amritsar.

2. The brief facts of the case are that secret information was received by Sub Inspector Kanwar Iqbal Singh against Shinder Singh, Joga Singh, Shinder Singh @ Pappu, Gurdeep Singh @ Rangu @ Rangi regarding their active involvement in cross border smuggling of heroin and narcotic substances. The information further elaborated the presence of Joga Singh, Shinder Singh in the area of Sultanwind, Amritsar for delivery of heroin. The present FIR came to be registered. While Joga Singh fled away, Shinder Singh was apprehended with 1.120 kgs. of heroin and Rs.1,50,000/-

drug money. On his disclosure statement, 5.450 kgs. of heroin, 4.370 kgs. of heroin and 3.225 kgs. of heroin came to be recovered from different places.

Shinder Singh disclosed the names of his other associates Joga Singh, Shinder Singh @ Pappu and Ranjit Singh.

On the basis of secret information, one of the associates of this group, namely, Amandeep Kaur @ Deepu Bai was apprehended with 1.180 kgs. of heroin. She disclosed the names of Joga Singh, Surinder Singh @ Nai, Shinder Singh @ Pappu, Gurwinder Singh @ Shatangi (petitioner), Gurdeep Singh @ Rangu @ Rangi, Resham Singh, Ranjit Singh and Surinder Singh Nai.

Gurwinder Singh @ Shatangi and Gurdeep Singh @

Rangu @ Rangi were arrested. Joga Singh and Shinder Singh @ Pappu alongwith Malkeet Singh @ Kali were arrested in this case on production warrants.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He contends that the name of the petitioner figured in the disclosure statement of his co-accused which has little evidentiary value. Reliance is placed on the judgments in the cases of Tofan Singh Versus State of Tamil Nadu, 2020 AIR (Supreme Court) 5592, Rakesh Kumar Singla Versus Union of India, 2021(1) RCR (Criminal) 704, Surinder Kumar Khanna Versus Intelligence Officer Directorate of Revenue Intelligence, 2018(3) RCR (Criminal) 954, State by (NCB) Bengaluru Versus Pallulabid Ahmad Arimutta & Anr. 2022(1) RCR (Criminal) 762, Sanjeev Chandra Agarwal & Anr. Versus Union of India 2021(4) RCR (Criminal) 590, Vijay Singh Versus The State of Haryana, bearing Special Leave to Appeal (Crl.) No.(s).1266/2023 decided on 17.05.2023, State of Haryana versus Samarth Kumar 2022 (3) RCR (Criminal) 991 and Vikrant Singh Versus State of Punjab, CRM-M- 39657-2020, wherein it has been held that the accused can be granted the concession of regular bail where he has been named in the disclosure statement of his co-accused and there is no other corroborative evidence against the accused. He contends that the petitioner is involved in one other case bearing FIR No.107/2023 dated 17.08.2023 under Sections 21(C), 29, 61, 85 of the NDPS Act, Police Station Goraya. As the petitioner is in custody since 16.09.2023 but only 04 of the 30 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon. Therefore, he is entitled to the concession of bail.

5. The learned counsel for the State, on the other hand, has filed a custody certificate dated 29.10.2025 which is taken on record. While referring to the said custody certificate, he contends that the petitioner is a habitual offender with one other case registered against him vide FIR No.107