IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

237 CRM-M-54387-2025 (O&M)

Date of decision: 11.12.2025 Kuldeep Singh @ Baggo ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Sahil Gupta, Advocate and Ms. Dolly Sharma, Advocate For the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in FIR No. 147 dated 05.07.2025, registered under Sections 21, 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Jandiala, District Amritsar.

2. As per the allegations, on 05.07.2025, the petitioner along with co-accused Sukhjit Singh and Harjot Singh @ Jota was apprehended by a police party and recovery of 15 grams of heroin along with drug money of Rs. 2000/- was effected from their conscious possession. The petitioner and co-accused were formally arrested. Investigation is still underway.

3. Learned counsel for the petitioner has submitted that he has been falsely implicated in this case. In fact, the alleged recovered contraband was planted on him. He is not involved in any other case under the NDPS Act. Even otherwise, the quantity of the recovered contraband does not fall under commercial quantity, being 15 grams only. The petitioner is in custody since 05.07.2025. Trial will take time as even investigation is still pending. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail.

4. Status report as well as the custody certificate of the petitioner has been filed by the respondent-State. It is submitted by learned State counsel that keeping in view the gravity of the allegations levelled against the petitioner as well as his criminal antecedents, he is not entitled to get benefit of bail. Hence, it is urged that the petition is liable to be dismissed.

5. This Court has heard the rival submissions.

6. The petitioner is in custody since 05.07.2025. The quantity of the contraband allegedly recovered from him does not fall under commercial quantity. Investigation is still pending, which means it will take time for presentation of challan and then in conclusion of trial. He is not shown to be involved in any other case under NDPS Act. It is a matter of trial as to whether the money recovered from the petitioner and co-accused was drug money or not. Keeping in view the aforesaid facts, this Court is of the considered opinion that no useful purpose would be served by keeping him in custody anymore. Accordingly, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing personal/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. However, it will be open for the prosecution to apply for cancellation of bail in case the petitioner is found involved in any other subsequent case.

7. It is made clear that any observation made herein above is only for the purpose of deciding the present petition and the same shall have no bearing on the merits of the case.

11.12.2025 (MANISHA BATRA)

Waseem Ansari JUDGE