IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

224 Date of decision: 09.01.2026 SAHIL ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. IPS Deol, Advocate for the petitioner.

Mr. Gorav Kathuria, DAG Punjab.

YASHVIR SINGH RATHOR. J.(Oral)

1. Present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of regular bail to the petitioner in case FIR No.113 dated 30.07.2024, under Section 21(c), 25 of NDPS Act (Section 29 added later on), registered at Police Station STF, SAS Nagar (Mohali), Punjab.

3. Brief facts of the prosecution case are that ASI Amandeep Singh along with other police officials was on patrolling duty and was present near Curo Mall, Jalandhar, when he received a secret information that Sahil (petitioner), s/o Sukhdev and his companion Rajbir Singh @ Raja, who are engaged in the business of selling heroin are present in front of Curo Mall in their Swift Car bearing No.PH-08-ER- 1292 and in case a raid is conducted, huge quantity of heroin can be recovered. After completing necessary formalities, a raid was conducted and the police party apprehended them at the spot. On asking, driver of the car disclosed his name as Sahil (petitioner) and the person sitting on the passenger seat disclosed his name as Rajbir Singh @ Raja. Upon search of the said vehicle, 353 grams of heroin was recovered. The contraband was taken into possession. Sahil (petitioner) and Rajbir Singh @ Raja were arrested on 30.07.2024. During investigation, it was found that the aforesaid vehicle belongs to Sukhdev and thereafter, he was arrayed as an accused in the present FIR and he was arrested on 18.04.2025. After completion of investigation, challan has been presented against the accused for trial.

3. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

4. Learned counsel for the petitioner contended that the petitioner has been falsely implicated. Learned counsel next contended that the petitioner is in custody since 30.07.2024 and after completion of investigation, challan has been presented. Thereafter, charge has been framed on 29.03.2025. However, the case is still at the stage of prosecution evidence and trial has not been concluded and conclusion of the trial is likely to take a long time. Learned counsel further contended that in view of his long incarceration, petitioner is entitled to be released on bail, as prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and the conditional liberty must override the statutory embargo created under Section 37 of the NDPS Act. In support of his contention, learned counsel for the petitioner has relied upon judgments passed in CRM-M-21794 of 2023 – Sandeep Singh v. State of Punjab decided on 05.05.2023, CRR-1785 of 2018 (O&M)- Vicky Kaur v. State of Punjab, decided on 13.08.2018, CRM-M-14029 of 2018 Kamlesh v. State of Punjab, decided on 06.05.2015, CRM-M-17321 of 2025 Jassu Ram @ Jasuram v. State of Punjab, decided on 04.04.2025 and a judgment of Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No. (s).12788/2023 – Nandalal Mondal @ Abhay Mondal v. The State of West Bengal, judgment of Hon’ble Supreme Court passed in Criminal Appeal No.4883/2025 - Santosh Pawar Vs. State of Chhattisgarh & Anr. decided on 14.11.2025 and (2022) 10 SCC 52, Satender Kumar Antil Vs. Central Bureau of Investigation. Moreover, co- accused namely Sukhdev and Rajbir Singh @ Raja have already been granted the concession of regular bail by this Court, vide order dated 03.12.2025 (Annexure P-2).

5. On the other hand, learned State Counsel has opposed the bail and argued that the petitioner has committed a heinous crime as he was found in possession of 353 grams of heroin and in view of rigors contained in statutory provision of Section 37 of NDPS Act, he is not entitl