IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

246 CRM-M-41728-2025 Decided on : 10.11.2025 Harshjot Singh . . . Petitioner(s)

Versus State of Punjab . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Sahil Puri, Advocate (through V.C.)

for the petitioner(s).

Mr. Jasdeep Singh, Addl. AG, Punjab.

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SANJAY VASHISTH, J. (Oral)

1. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of FIR Date Section(s) Police Station District Petitioner(s) No.

Harshjot Singh 71 09.05.2025 21, 27-A, 29 of NDPS Act, 1985 Division No. 1 Jalandhar and 25 of Arms Act

2. As per the allegations recorded in the FIR, on seeing the police party, the main accused – Ajay Kumar @ Ajay – took out one polythene carry bag from the left pocket of his lower and threw it to one side. He was apprehended by the police on suspicion and, upon inquiry, disclosed his name and other particulars. From the polythene carry bag, 50 grams of heroin was allegedly recovered.

After the arrest of the main accused Ajay Kumar @ Ajay, a disclosure statement was recorded vide DDR No. 04 dated 10.05.2025, wherein he named co-accused Karan as the supplier of the said heroin.

The next day, i.e. on 11.05.2025, another disclosure statement was made by the same accused, in which he stated that he was also procuring heroin from co-accused Gurpreet Singh. Pursuant to this, Gurpreet Singh was arrested on 12.05.2025, and from his possession 301 grams of heroin, one pistol, and eight live cartridges were recovered.

Co-accused Gurpreet Singh thereafter made another disclosure statement, stating that he and co-accused Vijay Singh had together brought 500 grams of heroin, and that the remaining quantity was in possession of Vijay Singh. Consequently, vide DDR No. 03 dated 12.05.2025, Vijay Singh was nominated as an accused and was arrested on 06.06.2025. Although nothing was recovered from Vijay Singh’s possession, based on his disclosure statement, the name of the present petitioner – Harshjot Singh @ Harsh – was also involved in the case. Upon his arrest on 07.06.2025, a recovery of 10 grams of heroin was shown to have been effected from his possession.

3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. It is argued that the alleged recovery of 10 grams of heroin is a planted recovery, shown merely to justify his implication based on the disclosure statement of co-accused Vijay Singh, from whom nothing was recovered. The petitioner, who was already known to the members of the police team, has been unnecessarily roped into the same FIR by allegedly bifurcating the heroin already recovered from the other accused.

4. Learned counsel further argues that once no recovery was made from the possession of co-accused Vijay Singh, any further disclosure made by him could not have been relied upon to implicate the petitioner. At best, such disclosure could have led to the registration of a separate FIR, requiring independent investigation. The prosecution, however, has continued to array the petitioner as an accused in the FIR originally registered against Ajay Kumar @ Ajay, i.e. FIR No. 71 dated 09.05.2025, which is legally impermissible.

5. It is further contended that the petitioner has been in custody since 07.06.2025, i.e. for the last about five months, for the alleged possession of 10 grams of heroin, which falls within the non-commercial quantity under the NDPS Act. Keeping the petitioner detained for an indefinite period, when investigation is already complete and challan has been presented, would serve no useful purpose. Therefore, learned counsel prays for the grant of concession of regular bail to the petitioner.

6. On the other hand, learned State counsel, while opposing the prayer for