251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.01.2026 Bikram Kumar @ Bunty @ Vikram Kumar ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Dilpreet Singh Gandhi, 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.27 dated 23.02.2025, registered under Sections 21, 61, 85 of NDPS Act, 1985 (Sections 21-C, 25, 27-A, 29 of the NDPS Act added lateron), at Police Station ‘A’ Division, Amritsar.

2. Succinctly, facts of the case are that on 23.02.2025, the police party while on patrolling received a secret information to the effect that Rohit Kumar @ Lobhi is involved in selling heroin. It was informed that he has to come in his car No.PB02-DS-1992 to sell the heroin to his customers. In case of barricading, he could be arrested alongwith the contraband. On receiving the information, barricading was laid. A car as disclosed in the secret information was seen coming. The same was stopped. On asking, the driver of the car disclosed his name to be Rohit Kumar @ Lobhi. He was suspected to be carrying some contraband in the car. Thus, search of the car was conducted. On conducting search, 417 grams of heroin and drug money of Rs.23,400/- were recovered from the dash board of the car. He failed to produced any licence regarding the possession of the same, and thus, on registration of the FIR, he was arrested on the spot. The investigation commenced. Samples taken were sent to the FSL. During the investigation, he made a disclosure statement about the complicity of the petitioner as supplier of the contraband recovered from him. Thus, the petitioner was also arrayed as an accused. The police conducted raid for his arrest and on 21.04.2025, the petitioner was arrested and another 30 grams of heroin was recovered from him. On completion of investigation, challan was presented. The petitioner approached the Court of learned Judge, Special Court, Amritsar 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 30.07.2025. Aggrieved, the petitioner earlier approached this Court by way of filing CRM-M-44984- 2025, however, the same was allowed to be dismissed as withdrawn vide order dated 25.08.2025. Thereafter, the petitioner again approached learned Judge, Special Court, Amritsar, for the grant of regular bail, however, the same was dismissed vide order dated 12.11.2025. Hence, the petitioner has again approached this Court praying for grant of regular bail by way of filing the present second 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. He submits that neither the petitioner has been named in the secret information, nor any recovery has been effected from him. However, alleged recovery of 417 grams of heroin and drug money of Rs.23,400/- were recovered from the co-accused. He submits that it is on the disclosure statement of the co-accused, the petitioner has been implicated in the present case. He submits that 30 grams of heroin has been falsely planted upon the petitioner. Even otherwise, the alleged recovery from the petitioner is 30 grams of heroin, which falls under the non-commercial quantity. He further submits that the petitioner is deliberately implicated in various cases by the Police, however, he is on bail in all those case. He, 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 the petitioner is a habitual offender, who has been involved in 13 other cases. He submits that 417 grams of heroin was recove