IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 01.10.2025 Pronounced on: 17.10.2025 Prabhdeep Singh @ Billa ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Kulwinder Singh Dhillon, Advocate for the petitioner.

Mr. J.S.Thind, DAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

063 26.03.2024 Dasuya, District 21/29 and 61 of NDPS Act, 1985 Hoshiarpur, Punjab

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. Per paragraph 17 of the bail application and 1 (E) of the short reply, the accused has the following criminal antecedents:

Sr. No. FIR No. Dated Offenses Police Station

1 62 26.03.2024 - Dasuya, District Hoshiarpur

2 248 20.12.2023 22/29/61/85 of NDPS Act Dasuya, District Hoshiarpur

3 318 08.10.2023 336/188/120-B IPC and Tanda, 25/27/54/59 of Arms Act District Hoshiarpur

4 221 07.11.2023 22/29/61/85 of NDPS Act Dasuya, District Hoshiarpur

5 63 25.03.2025 21/29/61/85 of NDPS Act Dasuya, District Hoshiarpur

6 129 11.07.2023 22/29/61/85 of NDPS Act Dasuya, District Hoshiarpur

8 130 11.07.2023 22/29/61/85 of NDPS Act Dasuya, District Hoshiarpur

3. The facts and allegations are taken from the short reply filed by the State. On 26-03-2024, the police arrested the petitioner in other case and during investigation, the petitioner disclosed qua factum of concealment of heroin in his house and the Police seized 260 grams of heroin and INR 60,000/- on the demarcation of petitioner. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

4. The petitioner's counsel seeks bail on the grounds of prolonged pretrial custody.

5. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

6. The petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, or commits any offence under the NDPS Act, where the quantity involved is more than half of the intermediate, or commercial quantity, or violates S. 19, or 24, or 27-A of the NDPS Act, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection.

7. The State’s counsel opposes bail and refers to the short reply.

8. As per paragraph 1A of the short reply, the contraband is 260 grams of heroin.

9. Dealing in 260 grams of heroin in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications:

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10. The quantity allegedly involved in this case is commercial. Given this, the rigors of S. 37 of the NDPS Act apply in the present case. The petitioner must satisfy the twin conditions set forth by the Legislature under Section 37 of the NDPS Act.

11. It shall be relevant to refer to paragraphs B & C of the short reply, which read as follows:-

“B) The evidence based on which the petitioner was arraigned as an accused:- That it is humbly submitted that on 26.03.2024 SI/SHO during the investigations in FIR No.62 dated 26.03.2024 under Sections 307, 353, 186, 332, 148, 149 of the IPC and 25/27/54/59 of Arms Act, Police Station Dasuya, District Hoshiarpur, the petitioner Prabhdeep Singh @ Billa was arrested in Police lockup, who was taken out for the purpose of investigations. During the investigations, the petitioner Prabhdeep Singh @ Billa suffered disclosure statement that on 26.03.2024, he alongwith Sucha Singh (father), Satnam Singh