215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 02.02.2026 JASPREET SINGH ALIAS KAMAL ...PETITIONER VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Amardeep Singh Mann, Advocate for the petitioner.

Mr. Raj Karan Singh, AAG, Punjab.

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RAJESH BHARDWAJ, J. (ORAL)

1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.186 dated 04.12.02024, under Sections 21(c) of NDPS Act, 1985, registered at Police Station Special Task Force, STF Wing, Sector-79, Sohana District SAS Nagar (Mohali) and (challan presented under Sections 21(c) and 27 of NDPS Act, 1985).

2. Succinctly, facts of the case are that on 04.12.2024, the police party while on patrolling received a secret information to the effect that Gurpreet Singh @ Peeti is involved in selling heroin and intoxicants. It was informed that he is exploiting young boys for selling the heroin and intoxicants. In case of raid, the persons could be arrested alongwith the contraband with which these young boys are dealing. On receiving the information, the raiding team reached at the place as disclosed. A young boy holding a black coloured polythene bag was seen standing there. On seeing the police, he got perplexed and tried to run away, but the police apprehended him. On asking, he disclosed his name to be Jaspreet Singh @ Kamal (present petitioner). He was suspected to be carrying some contraband in the polythene bag being carried by him. Thus, search of the polythene bag was conducted. On conducting search of the same, 300 grams of heroin was recovered. He failed to produced any licence regarding the possession of the same, and thus, on registration of the FIR, he was arrested at the spot The investigation commenced. Samples taken were sent to the FSL. On completion of investigation, challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Judge, Special Court, Mansa 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 05.03.2025. Hence, the petitioner has approached this Court praying for grant of regular bail by way of filing the present petition.

3. Learned counsel for the petitioner, at the outset, prays for the grant of bail to the petitioner on the basis of parity with that of the co-accused, namely, Gurpreet Singh @ Pitti. He has drawn the attention of this Court to the order dated 22.12.2025, passed in CRM-M-57078-2025, whereby, co-accused Gurpreet Singh @ Pitti has been granted regular bail by this Court. He further submits that the petitioner has been falsely implicated in the present case. He submits that the FIR is registered on the basis of secret information but petitioner was not named in the secret information, however, there is violation of provisions of Section 42 of NDPS Act. He further submits that no independent witness has been joined and the provisions of Section 50 of the NDPS Act have been violated as well. He further submits recovery of 300 grams of heroin has been planted upon the petitioner. He further submits that petitioner is behind bars since 04.12.2024 and he is not involved in any other case. He further submits that in the facts and circumstances, the petitioner deserves to be granted regular bail.

4. Per contra, learned State counsel has endorsed the factum of grant of bail to the co-accused of the petitioner as stated above and has not denied that the petitioner is at par with the co-accused, Gurpreet Singh @ Pitti. He submits that the petitioner was arrested at the spot and 300 grams of heroin was recovered from him, which falls within the category of commercial quantity. Thus, the rigours of Section 37 of the NDPS Act are attracted in the present case. He, on instructions, submits that 26 prosecution witnesses, remains to be exam