223 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17644-2026 Date of Decision: 08.04.2026 Kulwinder Singh @ Mothu ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Charnjit Singh Bahia, Advocate for the petitioner.

Mr. K.D. Sachdeva, D.A.G., Punjab. RAJESH BHARDWAJ , J. (ORAL)

1. Present second petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.137 dated 13.07.2023, under Section 22(C) of the NDPS Act, 1985, registered at Police Station Talwandi Sabo, District Bathinda, Punjab.

2. Succinctly, facts of the case are that on 13.07.2023, the police party, in connection with checking of narcotic substances, was present at Talwandi Sabo-Raman Bypass T-Point Mata Sahib Kaur College about 300 sq. yards from Dashmesh Public School Drain Bridge, where at about 04:30 AM, a Toyota Corolla Car No.DL1CJ-4986 Colour Silver was seen coming but the person sitting on driver seat tried to turn back from the naka. However, the said vehicle was stopped and the persons were apprehended. On asking, the driver of the said vehicle disclosed his name as Kulwinder Singh @ Ghoku and the person sitting at back seat, disclosed his name as Kulwinder Singh @ Motu (present petitioner). They were suspected to be carrying some contraband and hence, the search was conducted. On conducting the search of the vehicle, one plastic sack containing 2000 strips of intoxicating tablets, containing 10 tablets per strip i.e. 20000 tablets labelled as Tramadol Radol-100 SR, was recovered. They failed to produce any license regarding possession of the same and thus, the FIR was registered, investigation commenced and the petitioner was arrested on the spot. On completion of the investigation, challan was presented and charges were framed. Petitioner approached the Court of learned Judge, Special Court, Bathinda, praying for grant of regular bail. However, after hearing counsel for the parties, the same was declined vide order dated 08.04.2025. Being aggrieved, earlier the petitioner has approached this Court by way of filing CRM-M-44816-2025, however, the same was dismissed as not pressed vide order dated 22.08.2025. Hence, the petitioner is before this Court by way of filing the present second petition.

3. Learned counsel for the petitioner, at the outset, prays for the grant of bail on the basis of parity with that of the co-accused. He has drawn the attention of this Court to the order dated 24.03.2026 passed by this Court in CRM-M-67036-2025, whereby co-accused of the petitioner, namely, Kulwinder Singh @ Goku, has been granted the concession of bail. He has submitted that case of the petitioner is at par with that of the co-accused, who has been granted bail by this Court. He submits that on the basis of the parity, petitioner deserves to be granted bail as case of the petitioner is similar to that of the co-accused, who has already been granted bail.

4. Per contra, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that the petitioner was arrested on the spot and from the vehicle in which he along with co-accused was travelling, 20,000 tablets containing Tramadol were recovered and on weighing, the same were found to be 6.980 kgs of Tramadol, which is a commercial quantity, thus, the provisions of Section 37 of the NDPS Act, are attracted in this case. However, he endorsed the fact that case of the petitioner is at par with co-accused, namely, Kulwinder Singh @ Goku, has already been granted bail by this Court. He has produced custody certificate of petitioner, today in the Court, which is taken on record.

5. After hearing learned counsel for the parties and perusing the record, it is deciphered that the petitioner has been arrested on 13.07.2023. The alleged recovery was effected from the public place. Custody certificate filed by the State would show that the petitioner has suffe