226 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 23.04.2026 Date of Uploading: 23.04.2026 Amandeep Singh Alias Aman …..Petitioner.

Versus State of Punjab .....Respondent.

CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Vipul Aggarwal, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG, Punjab.

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SUMEET GOEL, J .( Oral)

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (erstwhile 439 Cr.P.C.) for grant of regular bail to the petitioner in case FIR No.340 dated 25.12.2025 under Sections 21, 27(a) of NDPS Act and Section 29 of NDPS Act added later on, registered at Police Station Jandiala, District Amritsar Rural.

2. The gravamen of the FIR in question is that the petitioner is an accused of being involved in an FIR pertaining to NDPS Act involving 15 grams of heroin, drug money of Rs.1,200 allegedly found in the possession of co-accused, namely, Sher Singh @ Shera, in this case, on the disclosure of said co-accused.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 08.02.2026. 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 has further iterated that sole basis to array the petitioner as an accused is the disclosure statement of co-accused, namely, Sher Singh @ Shera. Learned counsel has further iterated that the petitioner has suffered incarceration for 2 months and 13 days. Thus, regular bail is prayed for.

4. Learned State counsel has filed status report by way of affidavit dated 22.04.2026 in Court today. The same be kept on record. Copy thereof has been furnished to learned counsel for the petitioner. Raising submissions in tandem with the said reply, learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 22.04.2026 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 08.02.2026 and investigation is being carried out and till date, Challan qua him has not been presented. The petitioner has been implicated as an accused in the FIR in question solely on the basis of disclosure statement of co-accused- Sher Singh @ Shera, from whom 15 grams of heroin along with drug money of Rs.1,200/- was allegedly recovered. As per the prosecution version, there is no other material available to connect the petitioner with the contraband except for the said disclosure statement. It is pertinent to note that such disclosure statements, in the absence of corroborative evidence hold limited evidentiary value and cannot be sole basis for implicating the petitioner. The reliance on this unsubstantiated statement raises serious doubts about the fairness and objectivity of the investigation. It is not in dispute that the petitioner was not present at the spot. The veracity and weightage required to be attached to the disclosure statement made by the co-accused will be fully tested at the time of trial. The rival contentions raised at Bar give rise to debatable issues, which 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 indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6.1. As per custody certificate dated 22.04.2026 filed by the learned State counsel, the petitioner has already suffered incarceration for a period of 02 months and 13 days. Further, as per the said custody certi