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CRM-M No.66488 of 2025 (O & M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

222

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CRM-M No.66488 of 2025 (O& M)

Date of decision : 29.1.2026

Date of uploading : 29.1.2026

Sucha Singh ………….Petitioner

Versus

Union of India, Narcotics Control Bureau …….Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present: Mr. Rishu Mahajan, Advocate, for the petitioner

Mr. H.S. Sullar, Special Public Prosecutor, NCB

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SUMEET GOEL, J. (ORAL)

1. Present second petition has been filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of

regular bail to the petitioner in case of NCB Crime No.6. dated

28.12.2023 under Sections 8/21/23/25/27-A/29/60 of Narcotic Drugs and

Psychotropic Substances Act, 1985, registered at Narcotic Control

Bureau, Zonal Unit, Amritsar.

2. The gravamen of the complaint in question is that the petitioner

is an accused of being involved in a complaint case pertaining to NDPS

Act involving alleged recovery of 820 grams of Heroin from accused

persons, namely, Sarwan Singh, Balwinder Singh and Satpal Singh and

Sucha Singh (petitioner herein), who were apprehended by the BSF

officials and the same was intimated to the NCB later on.

ASHWANI KUMAR

2026.01.29 18:16

I attest to the accuracy and

integrity of this document

CRM-M No.66488 of 2025 (O & M) -2-

3. Learned counsel for the petitioner has iterated that the petitioner

is in custody since 10.5.2024. Learned counsel 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 has iterated that the trial is delayed and the

liability thereof cannot be fastened upon the petitioner. Learned counsel

has further iterated that the petitioner has suffered incarceration for more

than 01 year and 6 months. Thus, regular bail is prayed for.

4. 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 barred by the rigors of Section 37 of the NDPS Act, and thus,

the same ought to be dismissed. Learned State counsel seeks to place on

record custody certificate dated 2.12.2025 in the Court today, which is

taken on record.

5. I have heard counsel for the rival parties and have gone through

the available records of the case.

6. The petitioner was arrested on 10.5.2024 whereinafter

investigation was carried out and complaint (challan) has been presented

on 13.06.2024. Total 07 prosecution witnesses have been cited, out of

which, only 2 have been examined in part till date. The rival contentions

raised at Bar give rise to debatable issues, which shall be ratiocinated

upon during the course of trial. This Court does not deem it appropriate to

ASHWANI KUMAR

2026.01.29 18:16

I attest to the accuracy and

integrity of this document

CRM-M No.66488 of 2025 (O & M) -3-

delve deep into these rival contentions, at this stage, lest it may prejudice

the trial. Nothing tangible has been brought forward to indicate the

likelihood of the petitioner absconding from the process of justice or

interfering with the prosecution evidence.

6.1. The trial is indeed procrastinating and folly thereof cannot be

saddled upon the petitioner. As per custody certificate dated 2.12.2025

filed by the learned State counsel, the petitioner has already suffered

incarceration for a period of 01 year, 6 months and 22 days. In this view

of the matter, the rigor imposed under Section 37 of the NDPS Act stands

diluted in light of the Article 21 of the Constitution of India.

6.2. This Court in a judgment titled as Kulwinder versus State of

Punjab passed in CRM-M-64074-2024 (2025:PHHC:002695); after

relying upon the ratio decidendi of the judgments of the Hon’ble Supreme

Court in Hussainara Khatoon vs. Home Secy., State of Bihar (1980) 1

SCC 81; Abdul Rehman Antul