270 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.66656 of 2025 Date of Decision: 03.12.2025 Sukhdev Singh @ Manga ..... Petitioner Versus State of Punjab ..... Respondent CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Jaswinder Singh Rana, Advocate for the petitioner.

Mr. Raj Karan Singh, Asstt. A.G., Punjab.

***

RAJESH BHARDWAJ, J. (ORAL)

1. Present third petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.120, dated 22.07.2024, under Sections 21-C of NDPS Act (Sections 25, 27-A, 29 of NDPS Act added later on), registered at Police Station Chheharta, District Amritsar.

2. Succinctly the facts of the case are that the police party, while on patrolling on 22.07.2024, saw a clean shaven person standing on the road near Nakha Wala Bagh, holding a black coloured plastic packet in his right hand. On seeing the police, he got perplexed and tried to escape. However, on suspicion, he was apprehended. On asking, he disclosed his name to be Sukhdev Singh @ Manga (petitioner). He was suspected to be carrying some contraband in the plastic packet having been held by him and thus the search was conducted. On conducting the search of the plastic packet, 567 grams of heroin was recovered. He failed to produce any licence regarding the conscious possession of the same, thus the FIR was registered and he was 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, Amritsar praying for the grant of bail, however after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Amritsar declined the bail application filed by the petitioner vide order dated 20.11.2024. Being aggrieved, the petitioner earlier approached this Court twice praying for the grant of bail by way of filing CRM-M-13210-2025 and CRM-M-39503-2025, however the same were dismissed as withdrawn vide orders dated 17.03.2025 and 30.07.2025. Hence being aggrieved, the petitioner is again before this Court by way of filing the present third 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 the alleged recovery has been effected from the public place, however, no independent witness has been joined. He has submitted that there is a blatant violation of mandatory provisions of Section 50 of NDPS Act as well in conducting the search. He has submitted that though the petitioner is involved in 01 more case, however the alleged recovery in that case is 05 grams of heroin and the petitioner is on bail in that case. He has submitted that the petitioner is behind bars since 22.07.2024, however, there is no material progress in the trial and thus, his right of speedy trial is miserably defeated. He has submitted that in the facts and circumstances of the case, the petitioner deserves to be granted bail.

4. Learned counsel for the State has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that the recovery effected from the petitioner in the present case weighing 567 grams of heroin, which is commercial in nature, and thus, the provisions of Section 37 of NDPS Act are attracted. He, on instructions, has submitted that out of total 19 prosecution witnesses, only 02 witnesses have been examined so far. He has submitted that the petitioner is involved in 01 more case. He has produced custody certificate of the petitioner today in the Court and the same is taken on record.

5. Heard.

6. On hearing learned counsel for the parties and perusing the record, it is deciphered that the recovery has been effected from the public place. The petitioner was arrested on the spot on 22.07.2024.