IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.02.2026 Kulwant Singh ......Petitioner Versus State of Punjab ...... Respondent CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present: Mr. N.S. Sodhi, Advocate for the petitioner.

(through hybrid mode).

Mr. I.P.S. Sabharwal, DAG, Punjab.

SURYA PARTAP SINGH , J . (Oral) :

This third petition for bail has been filed by the petitioner while invoking the jurisdiction vested in this Court by virtue of Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023. The above mentioned petition has been filed with regard to a case arising out of FIR No.221 dated 01.11.2023, under Sections 22 & 29 of Narcotic Drugs & Psychotropic Substances Act, 1985, hereinafter being referred to as ‘NDPS Act’, Police Station Sadar Fazilka, District Fazilka.

2. Briefly stating the facts emerging from record are that the FIR of this case came into being at the instance of Sub Inspector ‘Kulwant Singh’, who had reported that on 01.11.2023 when he was leading a team of police officials deputed for patrolling duty he got a tip-off from a reliable source that ‘Gagandeep Singh’ and ‘Kulwant Singh’ were transporting huge quantity of intoxicant tablets from Rajasthan in a white colour Innova car bearing registration No.PB-13BC-6967, and that they were travelling from Abohar to Fazilka. As per report submitted by the above named police official in view of above mentioned information he deputed a picket on the road and erected a barricade. It was further reported that the abovesaid police team intercepted the abovementioned vehicle, and on search of the vehicle a plastic bag, lying between driver and co-driver seat, was recovered. According to report on opening of the same 1200 strips of ‘Covidol’ 100 SR tablets (total 5.16 Kg.), having ‘Tramadol’ sustained release tablets were recovered.

3. The above named police officer further reported that the above mentioned recovered contraband was duly seized, sealed and the necessary formalities with regard to filing of FIR and arrest of accused were undertaken. It has been further alleged by the prosecution that during the course of investigation when the accused were interrogated they suffered their respective disclosure statements, and pursuant thereto, 1650 strips (total 7.1115 Kg.) of the same tablet were recovered from the fuel tank of the car. As per prosecution the above mentioned recovered contraband, too, was duly sealed and seized by virtue of separate memo.

4. The learned State Counsel has filed custody certificate of the petitioner and reply by way of affidavit of Deputy Superintendent of Police, Sub-Division Fazilka. The same be taken on record.

5. Heard.

6. It has been contended on behalf of petitioner that the petitioner is innocent having no nexus, whatsoever, with the commission of crime, and that despite availability and opportunity of independent witness no independent witness has been joined in this case. According to learned counsel for the petitioner the above mentioned lapse on the part of Investigating Officer in itself speaks in volume about the falsity of allegations against the petitioner. While claiming that the petitioner is innocent, it has been contended that the requisite rules and instructions were not followed with regard to recovery and seizure of contraband, search and arrest of the accused. It has also been contended by learned counsel for the petitioner that the benefit of bail has already been afforded to the co-accused.

7. In addition to above, it has also been argued by learned counsel for the petitioner that the petitioner has already suffered a prolonged incarceration for being in custody for a period of more than 2 years and 3 months. According to learned counsel for the petitioner the trial in the present case is taking place at snail’s pace as out of twenty seven, two witnesses, only, have been examined so far, and that otherwise also there is non-compliance of Section 42 of NDPS Act.

8. In support of his argumen