220 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Harjit Singh @ Mintu ….Petitioner versus State of Punjab ….Respondent Date of decision: January 20, 2026 Date of Uploading: January 20, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Deepak Arora, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG Punjab.

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SUMEET GOEL, J. (ORAL)

Present fourth petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr. P.C.’) for grant of regular bail to the petitioner, in case bearing FIR No.67 dated 06.04.2020, registered for the offences punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Section 188 of the Indian Penal Code, 1860 (for short ‘IPC’) (Sections 29/ 61/ 85 of the NDPS Act added later on), at Police Station Tanda, District Hoshiarpur.

2. The gravamen of the FIR in question is that on 06.04.2020, while the police party was on patrol duty for checking miscreants, they were present in the area of Adda Jhawan. During patrol, they received a secret information that Harpreet Singh alias Happy (co-accused), Varinder Singh alias Bindri (co- accused), and Harjit Singh alias Mintu (petitioner herein) were consuming and supplying intoxicant powder from a shop situated near Hardeep Marble House, Tanda. Considering the said information to be reliable, the police party proceeded to the disclosed location and intercepted the aforesaid persons. After completing the necessary statutory formalities under the relevant Act, a search was conducted. From the glazed envelope recovered from the right pocket of the trousers of Harpreet Singh alias Happy (co-accused), 122 grams of intoxicant powder were recovered, and from the left pocket of his trousers, 12 syringes, one lighter, and two plastic pannis were recovered. From the glazed envelope recovered from the right pocket of the trousers of Varinder Singh alias Bindri (co-accused), 135 grams of intoxicant powder were recovered, along with 13 syringes, one digital weighing scale, one lighter, and two plastic pannis. From the glazed envelope recovered from the left pocket of Harjit Singh alias Mintu (petitioner herein), 105 grams of intoxicant powder were recovered, and from his other pocket, eight syringes, one lighter, two plastic pannis, and one burnt spoon were recovered. As per FSL report, the recovered contraband was Alprazolam.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 07.04.2020. Learned counsel for the petitioner has further submitted that mandatory provisions of the NDPS Act have not scrupulously been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner has iterated that the trial is delayed and the liability thereof cannot be fastened upon the petitioner. Learned counsel has also argued that co- accused of the petitioner, namely, Harpreet Singh alias Happy has been afforded the concession of regular bail by the co-ordinate Bench of this Court, vide order dated 04.07.2025 passed in CRM-M-31246-2025. Learned counsel has further argued that investigation in this case is complete and challan has been presented on 28.09.2021 and out of total 09 prosecution witnesses, 02 have already been examined. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 02 years. Thus, regular bail is prayed for.

4. Learned State counsel seeks to place on record custody certificate dated 19.01.2026 and status report by way of an affidavit dated 07.12.2025, in the Court today, which are taken on record. Raising submissions in tandem with the said status report, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel has further submitted that the instant bail plea is bar