IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.8049 of 2026 Date of Decision: 12.02.2026 Rajwant Singh @ Raja ..... Petitioner Versus State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present: Mr. Balbir Singh Jaswal, Advocate for the petitioner.

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RAJESH BHARDWAJ, J.

1. Present petition has been filed praying for the grant of anticipatory bail to the petitioner in case bearing FIR No.315, dated 27.11.2025, under Sections 21/27(a) of NDPS Act (Section 29 NDPS Act added later on), registered at Police Station Jandiala, District Amritsar.

2. Succinctly, the facts of the case are that the police party while on patrolling on 27.11.2025, saw a boy coming on foot from the right side of the road. On seeing the police, he got perplexed and about to threw a polythene envelope after taking out from the right pocket of his trouser. However, on suspicion, he was over powered by the police officials. On asking, he disclosed his name to be Shamsher Singh @ Shera. He was suspected to be carrying some contraband in the polythene envelope, which he tried to throw and thus, the same was searched. On conducting the search of the polythene envelope, 50 grams of heroin was recovered along with drug money of Rs.600/-. He failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and he was arrested on the spot. On registration of the FIR, the investigation commenced. During the investigation, complicity of the petitioner, namely, Rajwant Singh @ Raja was surfaced on the basis of disclosure statement of co-accused, namely Shamsher Singh @ Shera, and thus, he was arrayed as an accused in the present case. Apprehending his arrest, the petitioner approached the Court of learned Judge, Special Court, Amritsar praying for the grant of anticipatory bail. However, after hearing both the sides and finding no merit in the same, the learned Judge, Special Court, Amritsar declined the bail application filed by the petitioner vide order dated 14.01.2026. Hence, being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of anticipatory bail.

3. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that neither the petitioner was named in the FIR nor any recovery has been effected from him, however, he has been implicated in the present case on the basis of disclosure statement of co-accused, namely Shamsher Singh @ Shera, which is not even an admissible evidence. He has further submitted that there is a violation of mandatory provisions of NDPS Act in conducting the search from the co-accused.

He has further submitted that though the petitioner is involved in two other cases, bearing FIR No.106, dated 28.06.2025, under Sections 21/29 NDPS Act and FIR No.118, dated 16.07.2025, under Sections 21/29 NDPS Act, both registered at Police Station Kamboj, District Amritsar, however, he is on bail in both the cases. He has submitted that no prima facie case as alleged is made out against the petitioner and thus, he deserves to be granted anticipatory bail.

4. Notice of motion.

5. On asking of the Court, Ms. Ramta Chowdhary, DAG, Punjab appears and accepts notice on behalf of the respondent-State. She, however, has opposed the submissions made by learned counsel for the petitioner. She has submitted that complicity of the petitioner has been prima facie established during the investigation as he was the supplier of the contraband recovered in the present case from the co-accused. She has submitted that on due compliance of provisions of NDPS Act, the recovery of 50 grams of heroin along with drug money of Rs.600/- was effected from the co-accused, namely, Shamsher Singh @ Shera. She has further submitted that the petitioner is a habitual offender, who is involved in two more cases, i.e. FIR No.106, dated 28.06.2025, under Sections 21/29 NDPS