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221

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CRM-M No.25882 of 2026

Date of decision: 13.05.2026

Harjit Singh @ Jeeta

…Petitioner

Versus

State of Punjab

…Respondent

CORAM: HON’BLE MS. JUSTICE MANDEEP PANNU

Present :- Mr. Anmol Jeevan S. Gill, Advocate

for the petitioner.

Mr. Hardeep Singh Wadhwa, DAG, Punjab

for the respondent-State.

*****

MANDEEP PANNU, J. (Oral)

1. This is the first petition under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (erstwhile Section 439 Cr.P.C.) for grant of

regular bail to the petitioner in case FIR No.13 dated 24.01.2026 under

Sections 21-B, 27-A and 29/61/85 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 at Police Station Chheharta, District Amritsar.

2. Learned counsel for the petitioner contends that the petitioner

has been falsely implicated and the alleged recovery is a case of chance

recovery effected in violation of Section 50 of the NDPS Act. It is further

contended that no independent witness was joined, the alleged contraband

was weighed along with the envelope, and the alleged recovery, i.e 51

grams heroin, is below commercial quantity. Learned counsel also contends

that the petitioner has been in custody since 24.01.2026 and the

NEETU RANI

2026.05.13 17:04

I attest to the accuracy and

authenticity of this order/judgment

PHHC, CHD

CRM-M No.25882 of 2026 -2-

investigation has been completed and the trial is likely to take time. No

useful purpose would be served by keeping the petitioner behind the bars.

3. On the other hand, learned State counsel has filed the custody

certificate of the petitioner today in the Court, which is taken on the record.

He has opposed the bail petition on the ground that 51 grams of heroin was

recovered from the conscious possession of the petitioner. He further

submits that the petitioner is a habitual offender as he is involved in two

other criminal cases.

4. I have heard learned counsel for the parties and have gone

through the record.

5. Admittedly, the petitioner is in custody for the last 03 months

and 15 days; the alleged contraband recovered from the petitioner falls

within the category of intermediate quantity. Furthermore, the conclusion

of the trial will take considerable time for which the petitioner cannot be

detained behind the bars for an indefinite period.

6. As regards the submission of learned State counsel that the

petitioner is involved in other cases, reference is placed upon the judgment

of the Hon’ble Supreme Court in ‘Maulana Mohd. Amir Rashadi vs. State

of U.P. and another, 2012(2) SCC 382’ in which, it is held that the facts

and circumstances of the present case are to be seen while deciding a bail

application and the bail application of the petitioner cannot be rejected

solely on the ground that the petitioner is involved in other/another cases.

The relevant portion of the said judgment is reproduced hereinbelow:-

“As observed by the High Court, merely on the basis of

criminal antecedents, the claim of the second respondent

NEETU RANI

2026.05.13 17:04

I attest to the accuracy and

authenticity of this order/judgment

PHHC, CHD

CRM-M No.25882 of 2026 -3-

cannot be rejected. In other words, it is the duty of the

Court to find out the role of the accused in the case in

which he has been charged and other circumstances such

as possibility of fleeing away from the jurisdiction of the

Court etc.”

7. In view of above and without expressing any opinion on the

merits of the case, this Court is of the considered view that the petitioner

has made out a case for grant of regular bail.

8. Accordingly, the present petition is allowed and the petitioner

is ordered to be released on regular bail subject to his furnishing bail/surety

bonds to the satisfaction of the learned trial Court/Duty Magistrate

concerned.

9. All pending applications, if any, also stand disposed of.

10. However, nothing observed herein shall be construed as an

expression on the merits of the case.

(MANDEEP PANNU)

13.05.2026 JUDGE

neetu

Whether speaking/reasoned: Yes/No

Whether Reportable: Yes