IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.02.2026 Veer Kaur …Petitioner.

v.

State of Punjab …Respondent.

CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY.

Present: Mr. Ruhani Chadha, Advocate for the petitioner.

Mr. Gautam Thapar, Senior DAG, Punjab.

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AARADHNA SAWHNEY, J. (Oral)

1. Petitioner, who is an accused in case FIR No. 123 dated 22.09.2024, registered against her under Sections 21, 22, 27 of Narcotic Drugs and Psychotropic Substance Act (in short “NDPS Act”) and Section 29 of NDPS Act added later on, at Police Station Kot Ise Khan, District Moga, has filed the present petition under Section 483 of BNSS for grant of bail.

2. Relevant facts as emerging from the documents on record be noticed hereinbelow:-

As per the case set up by prosecution, on the basis of secret information received by police team headed by ASI Raghvinder Prashad, a raid was conducted at the house of co-accused Thakur Singh. Informant had disclosed that Thakur Singh, his wife Veer Kaur (present petitioner) and their son Lakhwinder Singh @ Lakhu are habitual of selling intoxicants. Thakur Singh is himself a drug addict and has spoiled lives of several persons. Relying on the information, the residential premises of Thakur Singh were raided. It is further the case of prosecution that from the house of Thakur Singh, 10 grams ‘Heroin; and 50 loose white coloured tablets were recovered. The same were taken into possession. On the basis of disclosure statement of Thakur Singh, one Rajwinder Kaur @ Rajji was nominated as co-accused, who as per Thakur Singh had supplied the contraband.

It is further the case of prosecution that on 7.2.2025, Lakhwinder Singh was arrested and while he was in custody in some other case. Details of the three cases registered against Lakhwinder Singh have been mentioned in Annexure R-3 appended along with status report. Veer Kaur (present petitioner) was arrested on 21.7.2025, against whom two other criminal cases bearing FIR No. 129 dated 03.09.2022, registered u/s 465, 467, 468, 471 of Indian Penal Code at Police Station Division No.2, Jalandhar and FIR No. 117 dated 28.11.2018, u/s 22/29 of NDPS Act, at Police Station Mehna have been registered. In case bearing FIR No. 129 dated 03.09.2022, the matter stands compromised whereas in FIR No. 117 dated 28.11.2018, Veer Kaur had been acquitted.

It has been noticed that co-accused Rajwinder Kaur @ Rajji was extended the benefit of pre-arrest bail by a Coordinate Bench of this Court vide order dated 06.03.2025 passed in CRM-M-58418-2024.

Petitioner moved an application for grant of bail. Learned Judge, Special Court, Moga, vide order dated 1.12.2025, dismissed the said application. Aggrieved of which, present petition has been filed for grant of bail.

3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The same is apparent from the fact that even prior to the registration of the present case, son of the petitioner had moved a detailed representation against the local police officials before the Chief Minister, Punjab, highlighting their partisan conduct. It is further the submission of learned counsel that nothing has been recovered from the personal possession of petitioner, who was not even apprehended from the site of alleged recovery (house of the petitioner). Learned counsel further contends that falsity of case set up by prosecution is apparent from the fact that despite having received a secret information, the police team did not make any effort to join any independent person as a witness to the case proceedings. Even the statutory formalities were not complied with. No plausible explanation is forthcoming for this procedural lapses.

It is further the submission of learned counsel that petitioner, a lady, who has been falsely implicated in the present case, deserves a lenient view to be taken in her favour, for investigations in the present case are complete as challan has been filed, but the likeli