243 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.22155 of 2025 Date of Decision: 02.12.2025 Balwinder Singh ..... Petitioner Versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Jashandeep Singh Sandhu, Advocate for the petitioner.

Mr. Amit Kumar Goel, AAG, Punjab.

***

RAJESH BHARDWAJ, J. (ORAL)

1. Present second petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.51, dated 17.04.2024, under Section 15 of NDPS Act (Section 25 NDPS Act added later on), registered at Police Station Baghapurana, District Moga, Punjab.

2. Succinctly the facts of the case are that the police party, while on patrolling on 17.04.2024, received a secret information to the effect that Gurmeet Singh @ Gora and Balwinder Singh (petitioner) were involved in selling of Poppy Husk. It was informed that they would be coming in their Swift Car bearing registration No.PB-08-BT-0600 from village Cherik to Baghapurana and in case of barricading, they could be apprehended along with the contraband. On receiving the secret information, the police laid the barricading at the place as disclosed in the secret information and the car, as disclosed, was seen coming. However, on suspicion, the same was stopped by the police party. On asking, driver of the car disclosed his name to be Balwinder Singh (petitioner) and the person sitting on the rear seat disclosed his name to be Gurmeet Singh @ Gora. They were suspected to be carrying some contraband and thus their personal search as well the car was conducted. On conducting the search of the car, 03 bags containing Poppy Husk from the rear seat of the car were recovered. The total contraband, on weighing was found to be 54 Kgs of Poppy Husk. They failed to produce any licence regarding the conscious possession of the same, thus the FIR was registered and both were arrested on the spot. On registration of the FIR, the investigation commenced. The samples taken were sent to the FSL. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Judge, Special Court, Moga praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Moga declined the bail application filed by the petitioner vide order dated 23.10.2024. Being aggrieved, the petitioner earlier approached this Court praying for the grant of bail by way of filing CRM-M-57749-2024, however the same was dismissed as withdrawn vide order dated 24.02.2025. Hence being aggrieved, the petitioner is again before this Court by way of filing the present second petition praying for the grant of bail.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He has submitted that though the FIR has been registered on the basis of secret information, however, there is a violation of mandatory provisions of Section 42 of NDPS Act. He has submitted that the recovery has been effected from the public place, however, no independent witness has been joined. He has submitted that there is a violation of mandatory provisions of Section 50 of NDPS Act as well in conducting the search. He has submitted that the petitioner is behind bars from last more than 1½ years, however, there is no material progress in the trial and thus, his right of speedy trial is miserably defeated. To buttress his arguments, he has submitted that the petitioner has never been involved in any other case of the similar nature. He has submitted that even otherwise the quantity weighing above 50 Kgs of Poppy Husk is commercial whereas the quantity recovered in the present case is 54 Kgs of Poppy Husk, which is marginally above the commercial quantity. He has submitted that in the facts and circumstances of the case, the petitioner deserves to be granted bail.

4. Learned counsel