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228 IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CRM-M No.9809 of 2026 Date of Decision: 30.03.2026

Date of Uploading: 01.04.2026

Shamsher Singh @ Shera …..Petitioner.

Versus State of Punjab .....Respondent.

CORAM: HON’BLE MR. JUSTICE SUMEET GOEL *****

Present:- Mr. Rishu Mahajan, Advocate for the petitioner.

Mr. Gaurav Gurcharan S. Rai, Sr. DAG, Punjab.

SUMEET GOEL, J.(Oral)

Present petition has been filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.5 dated 03.02.2025, registered for the offences punishable under Sections 21/25/21-C/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS

Act’), at Police Station Bhindi Saidan, District Amritsar.

2. The gravamen of the FIR in question is that the petitioner is an accused of being involved in an FIR pertaining to NDPS Act involving

alleged recovery of 2.5 Kgs. of heroin, one pistol and live-cartridges.

3. Learned counsel for the petitioner is in custody since 05.02.2025. Learned counsel has further submitted that mandatory provisions of the NDPS Act have not scrupulously been complied with, and

YAG DUTT

2026.04.01 09:37 I attest to the accuracy and authenticity of this document

CRM-M No.9809 of 2026 -2-

thus, the prosecution case suffers from inherent defects. Learned counsel has iterated that the trial is delayed and the liability thereof cannot be fastened upon the petitioner. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 01 year and 01 month.

Thus, regular bail is prayed for.

4. Per contra, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel has further submitted that petition in hand does not meet the rigors of Section 37 of the NDPS Act and is, thus, liable to be rejected on this score alone. Learned State counsel seeks to place on record custody certificate dated 28.03.2026, in the Court today, which is taken on record. As per the said custody, the petitioner has

suffered incarceration of 01 year 01 month and 18 days.

5. I have heard counsel for the rival parties and perused the

paper-book as also the record produced before me.

6. Before delving further into the merits of the case, it would be apposite to refer herein to the following case-law germane to the matter(s)

in issue:

i) The Hon’ble Supreme Court in the case of Union of India versus Namdeo Ashruba Nakade, Special Leave to

Appeal (Crl.) No.9792/2025, has held as under:

“8. This Court is of the view that the issue of substance abuse has emerged as a global public health crisis in the twenty-first century, affecting every country worldwide, as drug trafficking and addiction have become pervasive. The United Nations Office on Drugs and Crime (UNODC) reported in its 2025 World Drug

YAG DUTT

2026.04.01 09:37 I attest to the accuracy and authenticity of this document

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Report that “As at 2023, some 316 million people worldwide had used drugs in the past year, representing an increase over the past decade that outpaces population growth, which indicates a

higher prevalence of drug use.”

9. In India, there has been a concerning increase in drug abuse among the youth. Substance abuse not only affects individuals, families, and communities but also undermines various aspects of health including physical, social, political, cultural foundations, and mental well-being. (See: “Bhattacharya S, Menon GS, Garg S, Grover A, Saleem SM, Kushwaha P. The lingering menace of drug abuse among the Indian youth – it’s time for action. Indian J Community Med 2025;50:S9-12,

published on 17th April, 2025”)

10. According to many news reports, India faces a clear dilemma between tackling the narcotics crisis systematically or sacrificing its most valua