104+209 (03 cases)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRM-M-68874-2025 Tarsem Singh .....Petitioner versus State of Punjab ..... Respondent

2. CRM-M-7967-2026 Sukhyad Singh @ Yad .....Petitioner versus State of Punjab ..... Respondent

3. CRM-M-8064-2026 Jugraj Singh .....Petitioner versus State of Punjab ..... Respondent Date of decision : 15.05.2026 CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Ruhani Chadha, Advocate and Mr. Keshav Chadha, Advocate for the petitioner in CRM-M-68874-2025 Mr. R.S. Rai, Senior Advocate (Through V.C.) with Mr. Arjun Rai, Advocate; Mr. Yajur Mago, Advocate;

Mr. Sukhsharan Sra, Advocate & Mr. Rehan Gupta, Advocate for the petitioner(s) in CRM-Ms-7967 & 8064-2026.

Mr. Kuljinder Dhindsa, A.A.G., Punjab and Mr. Ekom Pal Sagoo, A.A.G., Punjab.

RAJESH BHARDWAJ , J. (Oral)

1. By way of this common order, this Court intend to dispose of abovesaid three petitions as they have arisen out of the same FIR.

2. Petitioners have approached this Court by way of present petitions praying for granting them regular bail in case FIR No.71 dated 26.06.2024 under Sections 18, 27-A and 29 of NDPS, 1985 (Sections 27- B, 27 of NDPS Act and Section 52 and 181 of Motor Vehicle, Act, 1988, added lateron), registered at Police Station Khuian Sarwar, District Fazilka.

3. Succinctly, facts of the case are that while patrolling the police party received a secret information on 26.06.2024 to the effect that Sukhyad Singh @ Yad (petitioner in CRM-M-7967-2026), Tarsem Singh (petitioner in CRM-M-68874-2025) and Jugraj Singh (petitioner in CRM- M-8064-2026) are involved in smuggling of opium, which they would be bringing from Jharkhand in Swift Car bearing registration No.PB-05-AC- 5015. It was informed that in case of raid, they could be arrested alongwith the contraband. On receiving the information, raiding team was constituted and the vehicle as disclosed in the secret information was stopped. All the three persons disclosed in the secret information, were arrested alongwith 66 kgs of opium and Rs.40,000/- as drug money. On the registration of the FIR, the investigation commenced. The petitioners approached the Court of learned Judge, Special Court, Fazilka praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merits in the same, dismissed the bail applications filed by the petitioners vide orders dated 31.07.2025, 29.08.2025 and 27.10.2025, respectively. Aggrieved by the same, the petitioners are before this Court praying for grant of regular bail by way of filing the present petitions.

4. Learned Senior counsel as well as counsel for the petitioners have submitted that the petitioners have been falsely implicated in the present FIR. It is submitted that admittedly the case of the prosecution is based on the secret information, however, as per the case of the prosecution the secret information was received at 8:10 p.m., whereas the Innova Car bearing registration number PB-40-A-0088, was following the Swift car in which the petitioners were travelling since 3:48 p.m. and the same has been captured in the CCTV footage as well. It has been contended that it is apparent that the alleged secret information is totally false and frivolous and their arrest is totally illegal on the face of it. It is further submitted that petitioners, Sukhyad Singh @ Yad and Jugraj Singh, were arrested on spot whereas petitioner-Tarsem Singh was arrested lateron. To buttress their arguments, it is submitted that the alleged supplier of the contraband, namely, Kamal Singh, has already been granted bail by this Court vide order dated 05.09.2025 passed in CRM-M- 42438-2025. It is submitted that petitioners, Sukhyad Singh @ Yad and Jugraj Singh, have no criminal antecedents, whereas, petitioner-Tarsem Singh, though was falsely implicated in 02 more cases, however, he is on bail in those cases. It is further submitted that out of total 54 prosecution witnesses, 26 witnesses have been