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CRM-M-36681-2025 (O&M)

1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

112+220 CRM-3186-2026 IN/&

CRM-M-36681-2025 (O&M)

Date of decision : 29.01.2026

Pappu Singh @Sumana

..... Petitioner

VERSUS

State of Punjab

..... Respondent

CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH

Present : Ms. Kamlesh, Advocate for the petitioner.

Mr. Eklavya Darshi, Deputy Advocate General, Punjab.

*****

SURYA PARTAP SINGH, J. (oral

CRM-3186-2026

This is an application seeking for placing on record the orders

passed in petition for bail, moved by the petitioner earlier. For the reasons

stated in the application, the same is hereby allowed and the orders annexed

with the application are taken on record.

CRM-M-36681-2025

2. For the commission of offence punishable under Section 22 of

Narcotic Drugs and Psychotropic Substances Act, hereinafter being referred

to as ‘NDPS Act’, the FIR No.04 dated 07.01.2023, has been lodged in

Police Station Amargarh, District Malerkotla. The petitioner is being

prosecuted for the commission of abovementioned offence. He has been

arrested. The petitioner is in custody and, therefore, craving for bail. This is

GAURAV THAKUR

2026.01.31 17:08

I attest to the accuracy and

integrity of this document

CRM-M-36681-2025 (O&M)

2

third petition for bail filed by the petitioner under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023.

2. In nut-shell, the facts emanating from the record are that the

FIR in this case came into being when a police party headed by ‘ASI

Sukhchain Singh’ was on patrolling duty near Bagaria spotted a person

moving on foot, and carrying a transparent plastic bag in his hand.

According to above-named police officer, when the abovesaid person

noticed the presence of police party, he got scared and tried to run away by

throwing the transparent bag.

3. It is the case of the prosecution that on the basis of suspicion,

when the abovesaid person was apprehended and the contents of polythene

bag thrown by him were checked, it was found that in the abovementioned

bag, he was carrying 11 vials of intoxicating substance.

4. It has been further alleged by the prosecution that on recovery

of abovementioned contraband, necessary formalities with regard to seizure

& sealing of contraband, lodging of FIR, and arrest of the accused were

performed and further investigation taken up.

5. The learned State Counsel has already filed reply to the

petition. Custody certificate of the petitioner has been filed today. The same

be taken on record.

6. Heard.

7. It has been contended on behalf of petitioner that although this

is third petition for bail moved by the petitioner, yet the same is

GAURAV THAKUR

2026.01.31 17:08

I attest to the accuracy and

integrity of this document

CRM-M-36681-2025 (O&M)

3

maintainable, as there is change in circumstance from the date of dismissal

of second bail petition, which was decided almost one year ago. As per

learned counsel for the petitioner, after dismissal of second bail petition, no

significant change in circumstances has taken place, and therefore, the

petitioner has got a right to maintain the present petition.

8. It has also been contended by learned counsel for the petitioner

that the petitioner has already served sentence for a period of more than 03

years, and that trial is taking place at a very slow, as out of 16 prosecution

witnesses, only 8 have been examined so far. According to learned counsel

for the petitioner, the lower threshold meant for commercial quantity of

codeine phosphate is 01 kg, but the contraband found in possession of

petitioner was 01 kg and 363.67 gms, i.e. marginally above the abovesaid

limit. As per learned counsel for the petitioner, since the trial is not likely to

be concluded in near future, the petitioner is entitled for the benefit of bail.

9. The learned State Counsel has controverted the

abovementioned arguments. According to learned State Counsel, the

allegations against the petitioner are for being in possession of commercial

quantity of contraband, and that from the date of dismissa