247+275 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39896-2025 Gurmit Singh @ Gurmeet Singh .....Petitioner versus State of Punjab ..... Respondent CRM-M-61586-2025 Gurmit Singh ....Petitioner versus State of Punjab ....Respondent Date of decision: 10.11.2025 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Laghuinder Singh Sekhon, Advocate Mr. Rakesh Kumar Kachura, Advocate for the petitioner(s).

Mr. Raj Karan Singh, AAG, Punjab. RAJESH BHARDWAJ , J. (Oral)

1. By way of this common order, this Court intend to dispose of abovesaid two petitions as they have arisen out of the same FIR.

2. Petitioners have approached this Court by way of filing the present third petitions praying for grant of regular bail to them in case FIR No.73 dated 20.12.2024, under Sections 15, 25 and 29 of the NDPS Act, 1985, registered at Police Station Fatehgarh Panjtoor, District Moga.

3. Succinctly, facts of the case are that the police while on patrolling on 20.12.2024, received a secret information to the effect that Gurmeet Singh son of Gurmej Singh was involved in selling poppy husk. It was informed that he was waiting for his customers on his White coloured Activa Scooty bearing No.PB-05-AS-0655 on the boundary of river near Bhaini Mandi and if the raid is conducted, he could be arrested along with the contraband. On receiving the secret information, raiding party reached the place at disclosed. A person along with Scooty was found present. He was having three bags with him. He was suspected to be carrying some contraband and thus, was apprehended. On asking, he disclosed his name to be Gurmeet Singh son of Gurmej Singh. On search of the three bags, 54 kg poppy husk was recovered from him. He failed to produce any license regarding the possession of the same. Thus, he was arrested on the spot. The investigation commenced and the samples taken were sent to the FSL. During investigation, the investigating agencies verified regarding the ownership of the Scooty which was found to be owned by Gurmit Singh son of Vazir Singh (petitioner in CRM-M-61586-2025) and thus, he was also arrayed as an accused and was arrested on 18.06.2025. They approached the Court of learned Judge, Special Court, Moga praying for grant of bail however, after hearing counsel for the parties, learned Judge, Special Court declined the same vide orders dated 10.07.2025 and 13.10.2025 respectively. Hence, being aggrieved, petitioners are before this Court by way of filing the present petitions praying for grant of regular bail.

4. It has been submitted by counsel for the petitioners that the petitioners have been falsely implicated in the present case. It is submitted that the FIR in the present case has been lodged on the basis of secret information however, there is a violation of provisions of Section 42 of the NDPS Act. It is further submitted that there is violation of provisions of Section 50 of the NDPS Act as well. It is submitted that the alleged recovery is from the three bags when the petitioner-Gurmit Singh son of Gurmej Singh was present on the Scooty. He submits that same is highly improbable. Learned counsel for petitioner-Gurmit Singh son of Vazir Singh submits that Gurmit Singh son of Vazir Singh was not even named in the FIR however, he has been arrayed as an accused on the basis of investigation that he was the owner of the Scooty. It is submitted that the quantity upto 50 kg is non- commercial quantity whereas, the alleged recovery from petitioner-Gurmit Singh son of Gurmej Singh is 54 kg of poppy husk. It is submitted that though petitioner-Gurmit Singh son of Vazir Singh is not involved in any other case whereas, petitioner-Gurmit Singh son of Gurmej Singh is involved in one other case however, he is on bail in that case.

5. Learned State counsel however has opposed the submissions made by counsel for the petitioners. He submits that petitioner-Gurmit Singh son of Gurmej Singh was specifically named in the FIR. The recovery effected is