IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Malkit Singh @ Meet ….Petitioner versus State of Punjab ….Respondent Date of decision: February 16, 2026 Date of Uploading: February 16, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Harpal Singh Sidhu, Advocate for the petitioner.

Mr. Adhiraj Singh Thind, AAG Punjab.

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SUMEET GOEL, J. (ORAL)

Present second 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.208 dated 29.12.2024, registered for the offences punishable under Sections 21-C/ 25/ 27-A/ 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Section 25 of the Arms Act, 1959 (for short ‘Arms Act’), at Police Station STF (ANTF), SAS Nagar.

2. The gravamen of the FIR in question is that co-accused, namely, Pardhan Singh, Malkeet Singh @ Meet (petitioner herein), and Gurpreet Singh @ Gopi were apprehended on the basis of secret information received by the police. Upon search, recovery of four packets containing 550 grams, 519 grams, 539 grams, and 543 grams of heroin was effected from co-accused, namely, Gurpreet Singh @ Gopi. Additionally, a .32 bore pistol along with three live cartridges was recovered from co-accused, namely, Pardhan Singh. Subsequently, Gurpreet Singh @ Gopi led the police party to his residence, where a further recovery of 543 grams of heroin and 20 live cartridges of .32 bore was effected. Thereafter, pursuant to the disclosure statement made by Gurpreet Singh @ Gopi, the police recovered 1 kilogram and 500 grams of heroin, one .32 bore country-made pistol, five live cartridges, an electronic weighing scale, and ₹3,05,000/- in cash alleged to be drug money from the residence of Robinpreet Singh @ Rupa.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 29.12.2024. Learned counsel has further submitted that mandatory provisions of the NDPS Act have not scrupulously been complied with, and 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 Learned counsel has also argued that earlier petition for regular bail preferred by the petitioner was dismissed as withdrawn, by this Court, vide order dated 03.09.2025 passed in CRM-M-43280-2025. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 01 year. 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. In case, the petitioner is released on bail, there is all likelihood that he may abscond from the process of justice and also interfere with the prosecution witnesses/ evidence. 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 14.02.2026, in the Court today, which is taken on record.

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) rep