The High Court
Case Details
IN THE THE HIGH COURT OF PUNJAB CHANDIGARH AT CHANDIGARH PUNJAB & HARYANA 206+211 1. CRM-M-15598 Harjinder Singh @ Shelly 15598-2025 (O&M) CRM-M-15598 CRM-M-57519 Date of decision: 15598-2025(O&M); 57519-2025 (O&M) decision: 19.11.2025 VERSUS ...Petitioner State of Punjab ...Respondent 2. CRM-M-57519 Sarmukh Singh 57519-2025 (O&M) VERSUS ...Petitioner State of Punjab ...Respondent HON'BLE MR. JUSTICE VINOD CORAM : HON'BLE Mr. Vivek K. Thakur and Ms. Kashish Present :- Mr. the petitioner (in CRM-M-15598- for VINOD S. BHARDWAJ Kashish Thakur, Advocates, -2025).
Legal Reasoning
Mr. (in CRM petitioner, r. Vidit Bansal, Advocate, for the petitioner, CRM-M-57519-2025). Punjab. Mr. Mohit Kapoor, Sr.DAG, Punjab Mr. ***** VINOD S. BHARDWAJ BHARDWAJ, J. (Oral) Both these petitions are being decided Both decided by a common order as the accused in the same same FIR have filed separate petitions petitions for grant of regular bail in case bearing FIR FIR No.200 dated 09.09.2024 registered registered under Sections 21(c), 23, 27-A and 29 of the Narcotic Drugs and Psychotropic Psychotropic Substances Act, 1985 and Section 25 of the Arms Act, 1959 at Police Police Station Division No.6, Jalandhar. 2. Briefly the facts of the case are tha Briefl that on 09.09.2024, co-accused Shinda was apprehended apprehended by the police team of ASI ASI Gurmail Singh, near Green Park Colony (Jalandhar) (Jalandhar) and he was allegedly found in possession of 1 kg Heroin and Rs.4,00,000/ Rs.4,00,000/- drug money. FIR was registered registered and he was arrested in this case. On On his disclosure statement, co co-accused Harjinder Pal was nominated. He was was arrested on 15.09.2024. On his his disclosure statement, Veer SUMIT SINGH GUSAIN 2025.11.20 11:00 I attest to the accuracy and integrity of this document Singh, Sarmukh Singh and Malook Singh were nominated as accused. They 206+211 CRM CRM-M-15598-2025(O&M); CRM-M-57519-2025 (O&M) CRM 2 were arrested and and respectively had got recovered overed 650 grams, 200 grams and 150 grams Heroin. Heroin. Accused Harjinder Pal also got got recovered 9 Kg Heroin. He again suffered disclosure disclosure statement vide which petitioner petitioner-Harjinder Singh alias Shelly was nominated nominated as accused. The petitioner petitioner No.1 was arrested on 25.09.2024. Drug Drug money of Rs.10,00,000/-, one one pistol.32 bore and two live cartridges of same same bore were recovered from him. him. Section 27-A of NDPS Act also has been invoked invoked and commercial quantity of of Heroin was recovered in this case. 3. Learned counsel appearing on behalf Learned behalf of the petitioners contend that a total of 06 06 persons have been nominated as as accused in the present case. The recovery of 01kg of heroin was effected from from Chhinda Singh @ Kala, who subsequently named named the petitioner-Harjinder Singh Singh @ Shelly (in CRM-M- 15598-2025) and and petitioner-Sarmukh Singh @ Soma Soma (in CRM-M-57519-2025). They further contend contend that no contraband was was recovered from petitioner- Harjinder Singh @ Shelly, the recovery was only only of Rs.10,00,000/- with one pistol of .32 bore bore alongwith two live cartridges cartridges whereas the recovery from petitioner-Sarmukh Sarmukh Singh @ Soma was 200gms of heroin. It is submitted that the petitioners are are in custody since 25.09.2024 and and have undergone an actual custody of more more than 01 year and 01 month. The The trial has yet not commenced and no witness has has been examined so far. They further contend that so far as co-accused/Malook accused/Malook Singh, from whom 150gms of heroin was recovered, has already been granted granted concession of regular bail vide order dated 17.11.2025 passed in CRM-M M-63287-2025 titled as ‘Malook Singh Singh Vs. State of Punjab’. 4. Counsel for petitioner-Sarmukh Singh Counsel Singh @ Soma contends that the petitioner was nominated nominated as an accused in another another case bearing FIR No.160 dated 19.08.2023 19.08.2023 registered under Section 21, 29, 29, 61, 85 of the Narcotic Drugs SUMIT SINGH GUSAIN 2025.11.20 11:00 I attest to the accuracy and integrity of this document and Psychotropic Psychotropic Substances Act, 1985, however, however, he has already been granted 206+211 CRM CRM-M-15598-2025(O&M); CRM-M-57519-2025 (O&M) CRM 3 concession of regular regular bail in the said case vide order order dated 09.09.2025 passed in CRM-M-17052 17052-2025 titled ‘Sarmukh Singh @ Soma Vs. State of Punjab’. 5. Counsel for petitioner-Harjinder Singh Couns Singh @ Shelly contends that the petitioner was nominated nominated as an accused in as many many as 05 other cases. While he already stands acquitted acquitted in FIR No.128 dated 25.07.2016 registered under Section 21 of the the Narcotic Drugs and Psychotropic ropic Substances Act, 1985 at Police Station Mehatpur, Mehatpur, Jalandhar, in the other case he was nominated as an accused on the disclosure and no recovery had been effected from him. He further contends that the case of the petitioner at best would thus be under the Arms Act and that that he had already undergone an actual actual custody of more than 01 year. 6. Learned State Counsel however contends Learned contends that the petitioners are involved in multiple multiple cases under the Narcotic Narcotic Drugs and Psychotropic Substances Act, Act, 1985 and the total recovery effected effected in the present case was nearly 11kgs of heroin from different accused persons. persons. He is however not in a position to dispute dispute that no recovery of contraband contraband has been effected from the petitioner-Harjinder Harjinder Singh @ Shelly and that only only 200gms of heroin had been recovered from Sarmukh Sarmukh Singh @ Soma. The said said quantity is non-commercial. He is also not in a position to dispute that the petitioners petitioners are on bail in the other cases that had been been registered against them and despite despite an actual custody of 01 year and 01 month, commenced. month, the trial has yet not commenced. 7. I have have heard learned counsel for the the respective parties and have gone through the the documents appended alongwith the present petition. 8. Taking into consideration, the nature Taking nature of the allegations levelled against the petitioners; petitioners; the absence of recovery recovery of contraband from the petitioner-Harjinder Harjinder Singh @ Shelly and recovery recovery of non-commercial quantity SUMIT SINGH GUSAIN 2025.11.20 11:00 I attest to the accuracy and integrity of this document 206+211 CRM CRM-M-15598-2025(O&M); CRM-M-57519-2025 (O&M) CRM 4 from Sarmukh Singh Singh @ Soma as well as the stage stage of trial, where the evidence is yet to commence commence, I deem it appropriate to allow allow the present petitions. 9. Accordingly, the instant petitions are Accordingly, are allowed and the petitioners are ordered to be be admitted to regular bail subject to their furnishing bail/surety bonds to the satisfaction satisfaction of the trial Court/Duty Court/Duty Magistrate/Illaqa Magistrate concerned. 10. It is is made clear that the petitioners shall shall not extend any threat and shall not influence influence any prosecution witness in any any manner directly or indirectly. 11. The observation made hereinabove The shall not be construed as an expression on the the merits of the case and the trial Court Court shall decide the case on the basis of available available material. 12. Pending application(s), if any, shall stand Pending
Decision
stand disposed of. 19.11.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD JUDGE Whether speaking/reasoned speaking/reasoned reportable Whether reportable : : Yes/No Yes/No SUMIT SINGH GUSAIN 2025.11.20 11:00 I attest to the accuracy and integrity of this document