IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 13.05.2026 ARSHDEEP SINGH @ ARSH ... PETITIONER Versus STATE OF PUNJAB .. RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Amit Arora, Advocate for the petitioner.

Mr. Rohit Hans, DAG, Punjab.

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H.S. Grewal, J.(Oral)

1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) seeking grant of regular bail to the petitioner in case FIR No.42 dated 21.01.2026, registered under Sections 21(b), 27(a), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Goindwal Sahib, District Tarn Taran.

2. The case of the prosecution is that the petitioner along with co-accused was apprehended by the police and the recovery of 21 grams of heroin (intermediate quantity) was allegedly effected from them. On personal search of the petitioner, an amount of Rs.1200/-, which is stated to be drug money, was also recovered.

3. Learned counsel for the petitioner, however, submits that the petitioner has been falsely implicated in this case and no recovery has been effected from him. It is further submitted that there is non-compliance of mandatory provisions of the NDPS Act as no independent witness was joined by the police party. He also submits that the petitioner is in custody for the last more than 03 months and 18 days. Although the petitioner is involved in another case under the NDPS Act but he is on bail in that case. He, therefore, prays for release of the petitioner on regular bail as the trial is likely to take a long time as the challan/final report is yet to be presented.

4. Learned State counsel has filed the custody certificate of the petitioner in Court, which is taken on record. He vehemently opposes the prayer for grant of regular bail to the petitioner. He, upon instructions, submits that the petitioner is in custody for the last more than 03 months and 18 days. He, upon instructions, submits that the challan/final report is yet to be presented.

5. I have heard the learned counsel for the parties and perused the record.

6. In view of the above submissions of learned counsel for the parties and keeping in view the facts that the petitioner is in custody for the last more than 03 months and 18 days, the alleged recovery of contraband is of intermediate quantity and that the trial is likely to take a long time to conclude as the challan/final report is yet to be presented, therefore, this Court deems it appropriate to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice.

7. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

8. However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail.

(H.S.GREWAL)

May 13, 2026 JUDGE Sonia