223+225 (2 cases)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRM-M-51163-2025 Sukhdev Singh @ Sukhi .....Petitioner versus State of Punjab ..... Respondent 2. CRM-M-59680-2025 Palwinder Singh @ Pinder .....Petitioner versus State of Punjab ..... Respondent Date of decision : 11.02.2026 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Ms. Amandeep Kaur, Advocate for the petitioner in CRM-M-51163-2025.

Mr. Karanjeet Singh Brar, Advocate for the petitioner in CRM-M-59680-2025.

Mr. Raj Karan Singh, A.A.G., Punjab.

RAJESH BHARDWAJ , J. (Oral)

1. By way of this common order, this Court intend to dispose of abovesaid two petitions as they have arisen out of the same FIR.

2. Petitioners have approached this Court by way of present petitions praying for granting them regular bail in case FIR No.006 dated 23.01.2025, under Sections 15(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 27 of NDPS Act, added lateron), registered at Police Station Kabarwala, District Sri Muktsar Sahib.

3. Succinctly, the facts of the present case are that the police party, while on patrolling on 23.01.2025, when reached near the bridge canal, they saw 02 cars were parked and some persons were present who were loading the plastic bags in the diggy of one of the vehicle. On suspicion, they were apprehended and on asking, they disclosed their names to be Sukhdev Singh @ Sukhi and Palwinder Singh @ Pinder (present petitioners). They were suspected to be carrying some contraband in the bags being loaded in the cars, thus, same were searched. On conducting the search, 25 kgs of poppy husk each in the 04 bags were recovered which come to total 100 kgs of poppy husk. They failed to produce any licence regarding possession of the same and hence, the FIR was registered and they were arrested on spot. On registration of FIR, the investigation commenced. Samples taken were sent to the FSL. On framing of charges, the trial commenced. Petitioners approached the Learned trial Court, Sri Muktsar Sahib praying for grant of bail, however, finding no merit, their applications were declined after hearing both the sides by Learned trial Courts vide orders dated 21.06.2025 and 04.03.2025, respectively. Aggrieved by the same, petitioner-Palwinder Singh @ Pinda earlier approached this Court by way of filing of CRM-M- 14161-2025, which was declined by this Court vide order dated 20.03.2025, hence, he is before this Court by way of second petition. However, qua petitioner-Sukhdev Singh @ Sukhi, this is the first petition praying for grant of bail.

4. Learned counsels for the petitioners have contended that the petitioners have been falsely implicated in the present case. It is submitted that the alleged recovery has been effected from a public place, however, there was no independent witness joined by the investigation agencies. It is submitted that the compliance of Section 50 of NDPS Act, was mandatory however, there is blatant violation of the same. It is submitted that conscious possession of the contraband is also not proved in the present case. To buttress their arguments, it is submitted that petitioner- Sukhdev Singh @ Sukhi has no criminal antecedents as he has never been involved in any other and so far petitioner-Palwinder Singh @ Pinder is concerned, though he is involved in one more case, however, he is on bail in the said case. It is submitted that the petitioners are behind bars since the date of their arrest, however, there is no material progress in the trial and thus, their right of speedy trial is defeated. It is thus, submitted that in the facts and circumstances of the case, petitioners deserve to be granted bail.

5. Learned State counsel has opposed the submissions made by the counsel for the petitioners and submits that both the petitioners were arrested on the spot. It is submitted that the recovery effected in the present case is of 100 kgs of poppy husk, which falls under the category of commercial quantity and thus, the provis