230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 22.12.2025 Gurjatinder Singh @ Pintoo @ Pinku ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Ms. Kamlesh, Advocate, for the petitioner.

Mr.Raj Karan Singh, AAG, Punjab.

Rajesh Bhardwaj, J. (ORAL)

1. Prayer in the present petition is for grant of regular bail to the petitioner in a case FIR No.97 dated 11.08.2024, registered under Sections 16/61/85 of NDPS Act, 1985, at Police Station Amargarh, District Malerkotla.

2. Succinctly, facts of the case are that on 11.08.2024, the police party while on patrolling received a secret information to the effect that Gurjatinder Singh @ Pintoo (petitioner) is habitual of selling poppyhusk. It was informed that in truck No.PB-46-M-8545 is waiting for his customers in Grain Market Tolewal to sell the poppyhusk. In case of raid, he could be arrested alongwith the contraband. On receiving the information, raiding team reached the place as disclosed and found the said truck parked there. One person was found sitting in the truck, who got scared on seeing the police. The police party took him down from the truck and asked his name. On asking, he disclosed his name to be Gurjatinder Singh @ Pintoo. He was suspected to be carrying some contraband in the truck and thus, search of the truck was conducted. On conducting search of the same, five plastic bag each weighing 30 kgs of poppyhusk were recovered from the rear side of the truck. Total 150 kgs of poppyhusk was recovered. He failed to produced any licence regarding the possession of the same, and thus, on registration of the FIR, he was arrested. The investigation commenced. Samples taken were sent to the FSL. On completion of investigation, challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Judge, Special Court, Malerkotla praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 29.07.2025. Hence, the petitioner has approached this Court praying for grant of regular bail by way of filing the present petition.

3. It has been vehemently contended by learned counsel for the petitioner that the petitioner has been falsely and frivolously implicated in the present case. She submits that there is a blatant violation of Section 42 of the NDPS Act in conducting search, as the FIR was registered on the basis of secret information. She submits that the alleged recovery has been effected from a public place, however, no independent witness has been joined. She further submits that the petitioner has no criminal antecedents as he has never been involved in any other criminal case except the present case and thus, false implication of the petitioner in the present case is writ large. She submits that the petitioner is behind the bars from the last more than one year, however, there is no material progress in the trial, and thus, his right of speedy trial is miserably defeated. She, thus, submits that the petitioner deserves to be granted bail.

4. Per contra, learned State counsel has vehemently controverted the submissions made by counsel for the petitioner. It is submitted that 150 kgs of poppyhusk was effected from the truck possessed by the petitioner, which is a commercial quantity and thus, provisions of Section 37 of the NDPS Act, are attracted in the present case. On instructions, he has submitted that out of total 18 prosecution witnesses, no witness has been examined till date. He has placed on record the custody certificate of the petitioner.

5. After hearing counsel for the parties and perusing the record, it is deciphered that case of the prosecution is based on the secret information. The alleged recovery effected from the petitioner is from a public place. As submitted before this Court, no witness has been exam