224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.17665 of 2026 Date of Decision: 08.04.2026 Rupinder Kaur ….. Petitioner Versus State of Punjab ….. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ *****

Present: Mr. Vipul Jindal, Advocate for the petitioner.

Mr. K. D. Sachdeva, DAG, Punjab(cid:1)

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RAJESH BHARDWAJ, J. (ORAL)

1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.38, dated 30.04.2025, under Sections 21-C, 23-C, 29 of NDPS Act, registered at Police Station Sarai Amanat Khan, District Tarn Taran.

2. Succinctly, the facts of the case are that the police party while on patrolling on 30.04.2025, received a secret information to the effect that Gaganpreet Singh and his mother, namely, Rupinder Kaur, i.e. the petitioner were involved in the business of selling heroin and they used to drop the heroin across the border in coordination with their acquaintances. It was informed that they dropped a large quantity of heroin in the area of village Havelian Police Station Sarai Amanat Khan in the night and in case of raid, they could be apprehended along with the contraband. On receiving the secret information, the raiding party was constituted and reached the place as disclosed in the secret information. The persons, as disclosed in the secret information, were seen there, however, on suspicion, they were apprehended by the police party. On asking, they disclosed their names to be Gaganpreet Singh and Rupinder Kaur, i.e. the petitioner. They were suspected to be carrying some contraband and thus, their search was conducted. On conducting the search, 4 Kg 28 grams of heroin was recovered. They failed to produce any licence regarding the conscious possession of the same, thus, the FIR was registered and both were arrested on the spot. On registration of the FIR, the investigation commenced. The samples taken were sent to the FSL. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Additional Sessions Judge, Tarn Taran praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Tarn Taran declined the bail application filed by the petitioner vide order dated 22.12.2025. Hence being aggrieved, the petitioner is before this Court praying for the grant of regular bail by way of filing the present petition.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He has submitted that evidently the case of the prosecution is based on the secret information but there is a blatant violation of mandatory provisions of Section 42 of NDPS Act. He has submitted that the alleged recovery has been shown from the house of the petitioner, however, no independent witness from the locality has been joined. He has submitted that there is a violation of mandatory provisions of Section 50 of NDPS Act as well in conducting the search as the conscious possession of the petitioner in itself is not proved. He has submitted that the petitioner and her son, both have been falsely roped in the present case. He has submitted that as per the confessional statement of the son of the petitioner, it is evident that the petitioner has been roped in the present case without there being any evidence against her. To buttress his arguments, learned counsel for the petitioner has submitted that the petitioner has no criminal antecedents as she has never been involved in any other criminal case. He has further submitted that the investigation is complete and the charges have been framed. He has submitted that the petitioner is behind bars from last more than 11 months. He has submitted that in the facts and circumstances, the petitioner deserves to be granted regular bail.

4. Per contra, learned counsel for the State has vehemently