IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M No.66254 of 2025 Date of decision : 12.2.2026 Date of uploading : 12.2.2026 Ajay Singh @ Ajju ………….Petitioner Versus State of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Kuldip Singh, Advocate, for the petitioner Mr. Jaypreet Singh, DAG, Punjab ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.155 dated 27.10.2024, registered for the offences punishable under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) (Sections 23 and 25 of NDPS Act added later on vide Rapat No.43 dated 18.4.2025) at Police Station City Jalalabad, District Fazilka.

2. The gravamen of the allegations against the petitioner is that he is an accused of being involved in an FIR pertaining to NDPS Act involving 1Kg. 36 grams of heroin allegedly recovered from the petitioner and his co-accused on 27.10.2024 near Brar Patrol Pump, Jalalabad.

3. Learned counsel for the petitioner submits that the petitioner is in custody since 27.10.2024. Learned counsel for the petitioner has further submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner 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 2 months. Thus, regular bail is prayed for.

4. Learned State counsel has filed status report by way of affidavit of Gursewak Singh, PPS, Deputy Superintendent of Police, Sub-Division Jalalabad, District Fazilka in Court today. The same be kept on record. Copy thereof has been furnished to learned counsel for the petitioner. Raising submissions in tandem with the said status report, learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, he does not deserve the concession of the regular bail. Learned State counsel has further submitted that the instant bail plea is restricted by the rigors of Section 37 of the NDPS Act, and thus, the same ought to be dismissed. Learned State counsel seeks to place on record custody certificate dated

12.2.2026 in Court, which is taken on record.

5. I have heard counsel for the rival parties and have gone through the available records of the case.

6. The petitioner was arrested on 27.10.2024, whereinafter, investigation was carried out and the challan was prepared on 19.4.2025 and filed subsequently. Charges in the present case are yet to be framed. Total 14 prosecution witnesses have been cited, but none has been examined till date. The rival contentions raised at Bar give rise to debatable issues shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6.1. The trial is indeed procrastinating and folly thereof cannot be saddled upon the petitioner. As per custody certificate dated 12.2.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 01 year, 2 months and 9 days. In this view of the matter, the rigor imposed under Section 37 of the NDPS Act stands diluted in light of the Article 21 of the Constitution of India.

6.2 This Court in a judgment titled as Kulwinder versus State of Punjab passed in CRM-M-64074-2024 (2025:PHHC:002695); after relying upon the ratio decidendi of the judgments of the Hon’ble Supreme Court in Hussainara Khatoon vs.