The High Court
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 110 1) Babbu Singh State of Punjab 2) Mandeep Singh State of Punjab CRM-M-45915-2024 Decided on : 20.11.2025 . . . Petitioner(s) . . . Respondent(s) CRM-M-39076-2025 . . . Petitioner(s) . . . Respondent(s) Versus Versus
Legal Reasoning
Having considered the submissions advanced, this Court finds that a very heavy recovery of Tramadol and Alprazolam tablets has been effected directly from both the petitioners, which falls well within the category of commercial quantity, thereby attracting the rigours of Section 37 of the NDPS Act. Further, both petitioners were apprehended together at the spot and are already facing prosecution in other NDPS cases registered during 2021–2022. In addition, the conduct of petitioner Mandeep Singh— who absconded after being taken on production warrant—also militates against the grant of concession of bail. 10. In these circumstances, and keeping in view the gravity of the offence, the quantity recovered, the statutory embargo under Section 37 NDPS Act, and the antecedents and conduct of the petitioners, this Court JAWALA RAM 2025.11.21 17:33 I attest to the accuracy and authenticity of this document CRM-M-45915-2024 CRM-M-39076-2025 - 5 - does not find any ground to extend the concession of regular bail to either of them. Accordingly, both the petitions are dismissed. However, trial Court concerned is directed to expedite the trial and make earnest efforts to finalize the same expeditiously.
Arguments
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Raj Kumar Gupta, Advocate for the petitioner(s) (in CRM-M-45915-2024). Mr. D.S. Virk, Advocate for the petitioner(s) (in CRM-M-39076-2025). Mr. Neeraj Madaan, Sr. DAG, Punjab. **** SANJAY VASHISTH , J. (Oral) 1. This order shall dispose of CRM-M-45915-2024 & CRM-M- 39076-2025, as both the petitions are interconnected and have arisen out of same FIR. However, the lead case is CRM-M-45915-2024. 2. The instant petitions have been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioners, during the pendency of trial, who have been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District 0007 18.01.2023 22/25/29 of NDPS Act, 1985 Barnala Barnala Babbu Singh (petitioner in CRM- M-45915-2024) Mandeep JAWALA RAM 2025.11.21 17:33 I attest to the accuracy and authenticity of this document Singh CRM-M-45915-2024 CRM-M-39076-2025 (petitioner in CRM- M-39076-2025) - 2 - 3. When police team was patrolling and checking of some suspicious persons, in the evening of 18.01.2023, one secret information was received that Babbu Singh (petitioner in CRM-M-45915-2024) and Mandeep Singh (petitioner in CRM-M-39076-2025) having XUV car, bearing registration No.PB 13 BB 8666, used to bring intoxicating tablets from outside State and supply the same in different cities and towns of Punjab. Today also both of them, after bringing intoxicated tablets in their car, gathered at Handiaya Sainsi Basti along with their companion Sonu Singh r/o Barnala, and are in process to supply it further. Said information was sent to the police station for registration of the aforementioned case. During the course of investigation, on conducting raid, accused Mandeep Singh and Babbu Singh (both the petitioners herein) were arrested and third accused Sonu Singh succeeded in running away. Thereafter, both the accused/petitioners got recovered 80,000 tramadol tablets from the vehicle make Scorpio, bearing registration No.PB 11 CL 6200, of accused Babbu Singh, and 60,000 tramadol tablets were recovered from the vehicle make XUV, bearing registration No.PB 13 BB 8666 belonging to the accused Mandeep Singh. 4. Recovered intoxicant tablets were labelled as Tramwel SR 100, (tramadol prolonged – release tablet IP), 1,40,000 in number and also loose intoxicant tablets, 10,000 in number, containing sale of alprazolam, were recovered which were found in possession in contravention of the NDPS Act and rules prescribed therein. 5. During investigation, one Rajni Kaur was nominated as accused JAWALA RAM 2025.11.21 17:33 I attest to the accuracy and authenticity of this document CRM-M-45915-2024 CRM-M-39076-2025 - 3 - and offence under Section 29 of NDPS Act was added, with the allegation that the recovered tablets had been supplied by her to the named accused in the FIR. Said Rajni Kaur was arrested on 05.04.2023 and during her interrogation, she also disclosed the name of one more accused namely Rashid. 6. Learned counsel for the petitioner(s) argues that co-accused Rajni Kaur, (vide CRM-M-31893-2023) and Sonu Singh (vide CRM-M- 34456-2023) have been granted the concession of bail, vide a common order dated 07.10.2023 by the co-ordinate Bench of this Court. Another co-accused Rashid has also been granted bail, vide order dated 12.12.2023 passed in CRM-M-45556-2023. Thus, learned counsel argues that both the petitioners are inside jail since the time of registration of FIR, i.e., 18.01.2023, whereas till date, trial has not been culminated. Without proving of charges, petitioners cannot be detained for an indefinite period and thus, prays for grant of regular bail. 7. On the other hand, learned State counsel, argues that heavy quantity of the intoxicant tablets has been recovered from the possession of both the petitioners and they cannot draw any benefit or parity for the already bailed out accused persons, namely Rajni Kaur, Sonu Singh and Rashid, because from them, no recovery of any contraband was affected. Further points out that as per FSL report, ‘tramadol hydrochloride’ ingredient was found present in the contents of the samples of intoxicant tablets labelled Tramwel SR 100, the minimum average weight of the tablets is stated to be 394.19 mg per tablet, which would come out to be 55186.6 grams (when converted into grams), for the recovered tablets. Further points out that ‘Alprazolam’ ingredient was also found JAWALA RAM 2025.11.21 17:33 I attest to the accuracy and authenticity of this document CRM-M-45915-2024 CRM-M-39076-2025 - 4 - present from the samples of the loose intoxicant tablets. Minimum average weight of the tablets is stated to be 143.75 mg per tablet, which would come out to be 1437.5 grams (when converted into grams) from the recovered tablets. 8. It is further pointed out by the learned State counsel that after being arrested in the present case, accused–petitioner Mandeep Singh was taken on production warrant from District Jail, Barnala to Home Care, Ludhiana (in FIR No.52, dated 07.05.2023, u/s 223, 224 and 52-A of IPC, registered at P.S. Shimlapuri, Distt. Ludhiana). However, after his shifting, he absconded from lawful custody, which resulted in substantial delay in the progress of the trial. Learned State counsel submits that such conduct of the petitioner clearly reflects his inclination to evade the due process of law and creates a reasonable apprehension that, if released on bail, he may again abscond or interfere with the trial. 9.
Decision
Pending misc. application(s), if any, also stand disposed of. Photocopy of this order be placed on the file of other connected case. (SANJAY VASHISTH) JUDGE November 20, 2025 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2025.11.21 17:33 I attest to the accuracy and authenticity of this document