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CRM-M No.28519 of 2026 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

213

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CRM-M No.28519 of 2026

Date of decision : 25.5.2026

Date of uploading : 25.5.2026

Harpreet Singh alias Babbu ………….Petitioner

Versus

State of Punjab …….Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present: Mr. Raghav Soni, Advocate, for the petitioner

Ms. Manjot Kaur, AAG, Punjab

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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.173 dated 25.7.2025, registered for the offences

punishable under Section 21, 29, 61, 85 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police

Station Lopoke, Amritsar Rural.

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 01 Kg. of heroin allegedly recovered from the petitioner on

25.7.2025 while he was riding a Platina motorcycle in the area of Police

Station Lopoke.

3. Learned counsel for the petitioner submits that the petitioner is

ASHWANI KUMAR

2026.05.25 17:14

I attest to the accuracy and

integrity of this document

CRM-M No.28519 of 2026 -2-

in custody since 25.7.2025. 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 about 10 months. Thus, regular bail is prayed for.

4. 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 23.5.2026 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 25.7.2025, whereinafter,

investigation was carried out and the challan was presented on 20.1.2026.

Charges in the presence case were framed on 1.4.2026. Total 18

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

ASHWANI KUMAR

2026.05.25 17:14

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integrity of this document

CRM-M No.28519 of 2026 -3-

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 23.5.2026

filed by the learned State counsel, the petitioner has already suffered

incarceration for a period of 9 months and 25 days & is not shown to be

involved in any other case. 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. Home Secy., State of Bihar (1980) 1

SCC 81; Abdul Rehman Antulay vs R.S. Nayak (1992) 1 SCC 225; Javed

Gulam Nabi Shaikh vs. State of Maharashtra and another, 2024(3) RCR

(Crim