IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

230 CRM-M-17751-2026 (O&M)

Date of decision: 08.04.2026 Jobanpreet Singh @ Joban ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Ranjodh Singh Sidhu, Advocate for the petitioner.

Mr. Roshandeep Singh, AAG, Punjab.

MANISHA BATRA, J. (Oral)

1. The instant one is the second petition that has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to him in case bearing FIR No. 44 dated 21.06.2024, registered under Sections 21(C), 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Sarai Amanat Khan, District Tarn Taran. His previous petition was dismissed as withdrawn on 15.12.2025.

2. Brief facts of the case relevant for the disposal of the present petition are that on 21.06.2024, the petitioner and co-accused Dilpreet Singh @ Dil were apprehended by a police party, while they were coming on a motorcycle and recovery of 375 grams of heroin was effected from them. Since they could not produce any valid license or permit to keep in their possession the recovered contraband, they were formally arrested at the spot.

They suffered disclosure statements admitting their involvement in the subject offences and also disclosed that the recovered contraband was supplied to them by one Varinder Singh, who was also nominated in this case as an accused. Some other persons were also nominated in this case and recovery of 22 grams of heroin was further effected at the instance of co- accused Joni Singh. Investigation now stands completed and challan has been filed.

3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. A false recovery was planted upon him. He is in custody since 21.06.2024. Investigation has since been completed and challan has been filed. Conclusion of trial is likely to take time as no prosecution witness has been examined so far out of total 24 witnesses. His prolonged detention entitles him to seek bail. No useful purpose would be served by keeping him in custody anymore. Similarly situated co-accused Dilpreet Singh @ Dil has already been granted concession of regular bail by this Court, vide order dated 11.03.2026 passed in CRM-M-55589-2025. On parity, the petitioner too deserves to be given the same benefit. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be granted benefit of regular bail.

4. Custody certificate has been filed by the respondent-State. Learned State counsel, who has advance notice of the petition and is ready to argue the matter, has submitted that keeping in view the gravity of the allegations levelled against the petitioner as well as the fact that commercial quantity of contraband had been recovered from him, he is not entitled to get benefit of bail as rigors of Section 37 of the NDPS Act would be attracted against him. The petitioner may abscond or involve in committing similar offences again, if extended benefit of bail. Hence, it is urged that the petition is liable to be dismissed.

5. This Court has heard the rival submissions.

6. As per the allegations, the petitioner along with the co-accused was found in conscious possession of commercial quantity of the contraband on 21.06.2024. Though, the allegations prima facie make out a case for commission of subject offences against the petitioner, however, on a perusal of the record, it is apparent that there are no chances of conclusion of the trial in near future and it will take considerable time as no prosecution witness has been examined so far. The petitioner has remained in custody since long. Co-accused has already been granted concession of regular bail by this Court, as mentioned above. It is well settled proposition of law that grant of bail on account of delay in trial and long period of incarceration is to be